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anshulamajhi1
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It must be noted that the earlier Code of Criminal Procedure, 1898 did not contain any provision regarding the pro-arrest bail, also known as anticipatory bail. It is only in 1973 that the Anticipatory Bail became part of the Cr.P.C, on the recommendation of the Forty First Law Commission Report. The Commission underlined the necessity of introducing a new section concerning pre-arrest bail and recommended for the inclusion of such provision. It was observed that many cases are instigated against a person just because of political motivation or personal vendetta. They lack enough evidence and are meant to harass a person by getting him arrested. As arbitrary arrests (often leading to harassment and humiliation of citizens) continue to be a pervasive phenomenon in the country, therefore, protection should be given to the people. This was the underlying reason for the enactment of Section 438 in the CrPC. Thus, the provision of anticipatory bail was included to protect the arbitrary violation of the right to personal liberty of an individual so that no person can be confined or detained in any manner unless he has been held guilty. Further, it was observed that when there are reasonable grounds for believing that a person accused of an offence is not likely to abscond or misuse his liberty while on Bail, then there is no need to first submit him to custody, make him/her remain in prison and then apply for Bail. In such cases, Bail could be granted earlier. The confusion relating to the provision of anticipatory bail started and increased when different courts expressed different and contradictory views regarding its scope as to whether the same could be time bound or not. The grant of anticipatory bail should not be limited by time. Also, the court has wide discretion to impose appropriate conditions on a case to case basis. The Supreme Court in the case of Siddharam Satlingappa Mhetre Versus State Of Maharashtra rejected the notion that anticipatory bail could be for a limited time and opined that there can be no time limit as to the life of an anticipatory bail.