Case Name : Gurbaksh Singh Sibbia Etc vs State of Punjab Case Reference: (1980) 3 SCR 383 : (1980) 2 SCC 565 Neutral Citation: Case Number: Court: Supreme Court Bench: 05 Coram: Chief Justice YV Chandrachud (Author), PN Bhagwati, NL Untwalia, RS Pathak, O Chinnappa Reddy Date: 09.04.1980
Limited custody , deemed custody for recovery Filing of FIR not condition precedent for anticipatory bail (Para 35)
Bail and Anticipatory Bail
Distinction or difference ordinary bail and anticipatory bail (Para 7 at 575) Ordinary Bail Granted after arrest; means release from custody of the police Anticipatory Bail Granted in anticipation of arrest; effect at the moment of arrest
Judicial Discretion
Judicial discretion should be free and wide, laying down rigid rules hampers such discretion (Paras 14, 15) Discretion should not be fettered or restricted when the statute has no such limitation
Whether bar on offences with serious punishment up to life/death
When section 438 does not differentiate non-bailable offences based on the potential punishment, there can be no restrictions on 438 (Para 18)
Side Note: This would be subject to some special statute having some clause to that effect barring anticipatory bail; see SCST - Section 18
Refer also: Hyman vs Rose, 1912 AC 623 King Emperor vs Mhwaja Nazir Ahmed, (1943-44) 71 IA 203 : AIR 1945 PC 18 : 46 Cri LJ 413
See also: Evidence - Section 27 Judicial Discretion
PDF-SCC: Gurbaksh Singh Sibbia vs State of Punjab, (1980) 2 SCC 565.pdf
PDF-SCR: Gurbkash Singh Sibbia vs State of Punjab, (1980) 3 SCR 383.pdf