The Bombay High Court while rejecting an application of anticipatory bail application noted that regular bail is generally considered the norm, whereas granting anticipatory bail is an extraordinary power.
The Court said that considering each case’s specific circumstances, the Courts must exercise careful and prudent discretion when deciding whether to grant anticipatory bail.
The Court was hearing an application where the applicant was seeking a pre-arrest bail in case registered for offences punishable under Sections 105, 125(a), 125(b), and 324(4) read with 3(5) of the Bharatiya Nyaya Sanhita, 2023, and Section 54 of the Maharashtra Regional and Town Planning Act, 1966. The bench of Justice R.N. Laddha observed, “ …granting anticipatory bail is an extraordinary power. While regular bail is generally considered the norm, the same principle does not apply to anticipatory bail.”