Supreme Court of India · 2018-05-15
Sushila Aggarwal vs State (Nct Of Delhi)
- Citation / case number
- AIRONLINE 2018 SC 1111
- Court
- Supreme Court of India
- Petitioner
- Sushila Aggarwal
- Respondent
- State (Nct Of Delhi)
- Author
- Kurian Joseph
- Bench
- Navin Sinha, Mohan M. Shantanagoudar, Kurian Joseph
Judgment text excerpt
The Supreme Court clarified the scope of anticipatory bail under Section 438 of the Code of Criminal Procedure, emphasizing that such bail should ordinarily continue until the trial unless misused. The Court held that anticipatory bail orders should not be of limited duration, as this contradicts the legislative intent established in the Sibbia case. The judgment reaffirmed that the trial court must ultimately assess the evidence and decide on bail, thereby ensuring that anticipatory bail does not bypass the regular judicial process.