SUSHILA AGGARWAL vs STATE (NCT OF DELHI)

The Supreme Court referred significant questions regarding anticipatory bail under Section 438 Cr.P.C. to a larger bench, specifically whether the protection under this section should be limited to a fixed period and whether its validity ends when the accused is summoned. The court highlighted conflicting views from previous judgments, including Balchand Jain v. State of M.P. (1976) and others, emphasizing the need for clarity on the nature and duration of anticipatory bail. The outcome of this referral will determine the future application of anticipatory bail in India.