The provisions contained in Section 438, Cr.P.C. confer special powers on the High Court and the Sessions Judge for directing the release of a person on bail in the event of his arrest on a charge of committing non-bailable offence. As observed by their Lordships of the Supreme Court the salutary provision was enshrined in Section 438 to see that the liberty of the subject is not put in jeopardy on frivolous grounds at the instance of unscrupulous or irresponsible persons or officers who may be in-charge of prosecution. (See AIR 1977 SC 366, Balchand v. State. Sub-section (2) of Section 438 provides that while making direction a /Sec. 438(1), the Court granting anticipatory bail to a person, may include such conditions in such directions, in the light of the facts of the particular case, as it may think fit. The sub-section enlists certain conditions but such conditions are simply illustrative and not exhaustive. The use of the word ‘including’ in the language of Sub-section (2) clearly indicates that the Court may impose such conditions also as have not been enumerated in Clauses (i) to (iv) of the sub-section. Since a number of considerations such as nature or seriousness of the charges, the context of events leading to those charges, possibility of the applicant’s evading the trial or tampering with the prosecution evidence and even “the larger interest of the public or the State”, as pointed out by the Apex Court in the case of Jagjit Singh (AIR 1962 SC 253), may weigh with the Court while granting or refusing to grant bail u/ Section 438, Cr.P.C. to an applicant. After considering the entire facts and circumstances of the case the Court may even decide to grant bail fora short specified period only.
The concept of grant of bail under section 438, Cr.P.C. for a limited period only is thus not alien to the very concept of anticipatory bail a/Sec. 438, Cr.P.C. In the case of Gurbaksh Singh (AIR 1900 SC 1632) grant of bail under/Sec. 438, Cr.P.C. for short duration was not disapproved of. In the later decision in the case of Salahuddin Sheikh (1996 (1) SCC 667)=I (1996) CCR 93 (SC) the Supreme Court upheld the order of grant of bail under section 438, Cr.P.C. for limited duration and rather stressed that in the changed scenario of administration of criminal justice and the conditions prevailing in the society bail under section 438, Cr.P.C. should ordinarily be granted for limited durations. Viewed in the light of the authoritative pronouncements from the Apex Court the grant of anticipatory bail to the applicant for a limited duration was not without or beyond the jurisdiction of the learned Judge.
