(1.) Precise question that has been referred to us for consideration is :-
(2.) In our endeavour to answer the quesion, we may begin with noticing that provision of anticipatory bail was introduced for the first time in the Code of Criminal Procedure, 1973. Under the old Code 1898 thert was no such provision. There were conflicting decisions of the High Courts. Some of the High Courts took the view that bail could be granted to a person against whom a report of an offence was made even though he was neither arrested nor detained and ever in a case where a person was suspected of an offence for which he might be arrested by a police officer but the majority of the High Courts held that not to speak of Sessions Judge even High Court did not haveinherent power to grant anticipatory bail by invoking 561A of the old Code, However, Law Commission in the 41st report advocated the granting of power of anticipatory bail to "Superior Courts." In its 48th report the Law Commission again endorsed the view expressed in the 41st report and Clause 447 of the Code of Criminal Procedure Bill 1970 for the first time provided the provision of anticipatory bail thus :-
(3.) The Bill was referred to the Joint Committee of the Parliament , which made following observations :-
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