Indefinite anticipatory bail is unsustainable when it defeats the limited, pre-arrest purpose of Section 438 protection.

Anticipatory bail under Section 438 CrPC is a limited protective remedy against arrest and cannot be extended indefinitely so as to bypass the regular court's consideration of bail on investigation materials or after filing of the charge-sheet. An order granting anticipatory bail for an unlimited period defeats the statutory distinction between pre-arrest and post-arrest bail and is inconsistent with settled precedent. Section 439(2) empowers interference where such a bail order is legally unsustainable. The indefinite anticipatory bail order was therefore set aside to that extent.

---

---

Issues: Whether an order granting anticipatory bail for an indefinite period under Section 438 of the Code of Criminal Procedure, 1973 was sustainable and whether such order was liable to be interfered with under Section 439(2) of the Code of Criminal Procedure, 1973.

Analysis: Anticipatory bail is a protective order against arrest and, as settled by binding precedent, it cannot be used to bypass the regular court. The protection under Section 438 is meant to operate for a limited duration so that, after investigation has progressed or the charge-sheet is filed, the regular court may consider bail on the materials then available. An order extending anticipatory bail indefinitely defeats the statutory distinction between pre-arrest and post-arrest bail and is inconsistent with the settled legal position governing Section 438. The power under Section 439(2) permits interference where the bail order is legally unsustainable.

Conclusion: The indefinite anticipatory bail order was held to be unsustainable and was set aside to that extent.

---