GURBAKSH SINGH SIBBIA ETC. vs STATE OF PUNJAB

The Supreme Court clarified the application of Section 438 of the Code of Criminal Procedure, 1973, emphasizing that anticipatory bail is an extraordinary remedy to be exercised sparingly and only in exceptional cases. The Court held that anticipatory bail cannot be granted for uncommitted offences or based on mere allegations of mala fides, and that the discretion under Section 438 is not applicable to serious offences punishable by death or life imprisonment unless the charge appears false. The Court dismissed the appeals, reinforcing that status does not warrant preferential treatment in the context of anticipatory bail.