The Supreme Court (SC), while dealing with the issue of whether anticipatory bail can be granted by a court which is not located within the State where the FIR was lodged, has held that considering the constitutional imperative of protecting a citizen’s right to life & personal liberty, the High Court or Sessions Court could grant limited anticipatory bail as interim protection under Section 438 of CrPC. The SC opined that grounds such as reasonable & immediate threat to life, personal liberty, impediments owing to arbitrariness & the medical status/ disability of the applicant must be considered while granting such “extraterritorial limited anticipatory bail.”
