Extraordinary delay can support anticipatory bail when the prosecution case rests on later-added murder allegations and weak material.

Extraordinary delay in setting the criminal process in motion, together with the nature of the material relied on against the accused, can justify anticipatory bail under Section 438 CrPC. The FIR was lodged nearly 29 years after the alleged incident, and the murder charge was added later on statements of co-accused who had become approvers. The Court treated the long delay as a relevant factor, while noting that pending quashing proceedings were separate and did not decide the bail question. Anticipatory bail was granted and the refusal by the courts below was set aside.

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Issues: Whether the appellant was entitled to anticipatory bail under Section 438 of the Code of Criminal Procedure, 1973 in connection with the FIR alleging an offence under Section 302 of the Indian Penal Code, 1860.

Analysis: The Court noted that the FIR was lodged almost 29 years after the alleged incident and nearly 9 years after the earlier judgment permitting fresh proceedings if permissible in law. It also noted that the appellant had retired as Director General of Police, that anticipatory bail had earlier been granted when the FIR did not include Section 302, and that the murder charge was added later on the basis of statements of co-accused who had become approvers. While delay is not always fatal, the Court held that such extraordinary delay was a relevant consideration for anticipatory bail. The Court further observed that the pending quashing proceedings were a separate matter and did not foreclose the bail question.

Conclusion: The appellant was held entitled to anticipatory bail, and the refusal of bail by the courts below was set aside.

Ratio Decidendi: Extraordinary delay in initiating criminal proceedings, coupled with the nature of the material against the accused and the surrounding circumstances, can be a valid ground for grant of anticipatory bail under Section 438 of the Code of Criminal Procedure, 1973.

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