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RIGHT TO GET ANTICIPATORY BAIL IS NOT ANY FUNDAMENTAL RIGHT

Right to get Anticipatory Bail is not any FUNDAMENTAL RIGHT : Punjab and Haryana High Court.

In a Judgement titled Sanjiv Sharma Vs State of Haryana 
Punjab and Haryana High Court held that right to get anticipatory bail is not any Fundamental Right. Honble High Court made this observation while rejecting an application filed by a man involved in a case registered under the Narcotics Drugs and Psychotropic Substances Act, 1985.


While speaking on this matter, Justice Rajbir Sehrawat asserted that an accused is still a citizen of India and he has a fundamental right to life and liberty. But these rights could be curtailed accordingly as the law has established several procedures.

Justice Shehrawat stated that in order to curtail the liberty and life of an accused, one should refer CrPC. This section makes it clear that an investigating officer can arrest an accused without having a warrant and he doesn’t need a court’s order, interference or assistance in order to carry out his duties. 


However, in order to ensure that this law is not misused and a person is not harassed in any such case where the circumstances could lead to the accused’s ex-facie innocence, the Indian courts have been granted certain extraordinary and special powers under CrPC’s Section 438.
Justice Sherawat further asserted that the statutory power of granting an accused the pre-arrest bail is so extraordinary that one may not get it even in all parts of the country. Sometimes qua some offences are categorised under special statutes all over the country. Therefore, the right to get anticipatory bail doesn’t come under 
fundamental right. CrPC’s Section 438 has a provision where an accused gets right to liberty which would be decided by the court.


When a person is reasonably suspected to have committed an offence the machinery of law is set in motion to arrest him and to bring him to trial and punish him if found guilty. The act of arrest deprives a man of his liberty. Bail sets him free on securing his promise to take trial at a future date and to undergo punishment if found guilty.
 Sanjeev Sharma Vs State of Haryana in CRM-M No. 21859 of 2019
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