Last Updated on July 7, 2024 by Satish Mishra

Post covers When can Anticipatory Bail High Court Punjab Haryana be granted. Though it is entirely dependent on facts but the consideration criteria is laid out in the post which has remained successful amongst bail lawyers of High Court Chandigarh.

Though the judgment of one high court is not binding upon the other high court but is surely has the relevant consideration on law point. On that note this post just is an attempt to correlate the judgment of Allahabad High Court on topic of Anticipatory Bail which can also be opted by our High Court Chandigarh (Punjab & Haryana).

Anticipatory Bail High Court Punjab Haryana

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It is a trite law that only in Special circumstances that ANTICIPATORY BAIL is maintainable before HC not in sessions court otherwise as per Section 438 of CrPC.

Now what are these special Circumstances, High Courts across the country have refrained from describing it so.

Recently HC Allahabad commented on Special Circumstances:

“ The court would be well advised to leave it to a judicious exercise of discretion in the facts of each case brought before it” Constitution Bench (Single Judge of Allahabad) in (Ankit Bharti & Ors. Vs. State of U.P. & Anr.)

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So one can move to high court directly for grant of Anticipatory Bail, without moving the sessions Court but only in Special Circumstances which can never be reduced to writing, HC bench held.

Further Court Held – The court would clearly be look as in if attempting to draw a uniform code or dictum that may guide the exercise of discretion vested in the Court under Section 438 of the CrPC. The discretion wisely left unfettered by the legislature must be recognised as being available to be exercised defendant upon the facts & circumstances of each particular case.

The anticipatory bail application in Punjab and Haryana High Court must rest on a strong foundation in respect of apprehension of arrest as well as in justification of the concurrent jurisdiction of High Court being invoked directly.

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In Onkar Nath Agarwal & Ors. Vs. Stare in 1976

3 – Judge bench already ruled High Court has concurrent jurisdiction to grant anticipatory bail

The 2^nd part of code as per Sec 438 (CrPC) gives direction to release either on the order of HC or Court of session.

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In Vinod Kumar Vs. State of U.P. & Anr., Judge Yashwant Varma ruled that ANTICIPATORY BAIL can be moved before HC if there are compelling and special circumstances if it justifies not to Anticipatory Bail approach sessions Court First.

It is left to Judge’s discretion to evaluate whether such special circumstances exist in a particular case or not.

Thus, in this backdrop, matter was referred to larger bench (Single Judge)

Before, Single Judge bench, the sole issues was of determining Special Circumstances.

Also Read- Apprehension of Arrest: Get an Anticipatory Bail.

Court denied the reference and upheld rightly not to define ‘Special Circumstances’ as in Vinod Kumar Case.

Single Judge Bench held – It would be imprudent to exhaustively chronicle what would constitute special circumstances.

Thus grounds of ANTICIPATORY BAIL before High Court Chandigarh can neither be placed in straight jacket nor can be comprehensively enumerated.