Code of Criminal Procedure, 1973–Sec. 438 While dealing with the anticipatory bail application, High Court declined to grant the bail, however, issued the direction that if the petitioner surrenders before Magistrate and moves the application, the Magistrate shall release him on such terms and conditions as may fit and proper–Whether the order is proper?–Held, no–When the High Court had expressed the view that it was not inclined to grant anticipatory bail, it could not have issued such a direction which would tantamount to conferment of benefit by which the accused would be in a position to avoid arrest–(2) Order is in violation of the language employed in the statutory provision to and in flagrant violation of the dictum laid down in the case of Gurbaksh Singh Suba–(3) Order should also be conformed to the requirement of Section and suitable conditions should be imposed.
