Code Of Criminal Procedure, 1973; Section 438 – Anticipatory Bail – When anticipatory bail is granted to an accused, the effect of the said order is that in the event of the arrest of the accused, he has to be forthwith released on bail. After coming to the conclusion that the accused is entitled to anticipatory bail, the High Court could not have passed the order directing that in the event of arrest of the accused or surrender before the learned Trial Court within a period of six weeks from the date of the order, he shall be enlarged on bail. The meaning of the said order is that if the appellant fails to surrender before the Trial Court within a period of six weeks or he is not arrested within six weeks, he will be deprived of the relief of anticipatory bail. Such approach is not contemplated by sub-section 1 of Section 438.
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