Anticipatory Bail II

Gurbaksh Singh Sibbia, (1980) 2 SCC 565 holds the field for number of years and the same has been followed by all the Courts in the country. Therefore, Siddharam Satlingappa Mhetre, (2011) 1 SCC 694 is not correct law in light of the observations made in Paragraphs 42 and 43 in Gurbaksh Singh Sibbia. Salauddin Abdulsamad Shaikh, (1996) 1 SCC 667 is also not good law and is against and just contrary to the decision of this Court in Gurbaksh Singh Sibbia, which is a Constitution Bench Judgment.”

Hon’ble Justice M.R. Shah, Sushila Aggarwal v. NCT of Delhi, [SLP (Criminal) Nos. 7281-7282 of 2017].

I have gone through the reasoning and conclusions of Justice M.R. Shah. I am in agreement with his Judgment. However, I am supplementing the conclusions arrived at by Shah, J. with this separate Judgment since I am of the view that while there is no disagreement on the essential reasoning, some aspects need to be discussed, in addition.”

Hon’ble Justice Ravindra Bhat, Sushila Aggarwal v. NCT of Delhi, [SLP (Criminal) Nos. 7281-7282 of 2017].