Case law on pre-arrest bail section 489 F

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S.489F. Admission of accused facing charge u/s 489F to pre-arrest Bail u/s 498, CrPC by Single Judge of High Court on view that accused could not be refused Bail before arrest when no recovery was to be effected from him. Supreme Court disapproving such erroneous view of Single Judge of High Court, setting aside his order passed on basis of his erroneous view and remanding case to High Court for passing fresh order on accused's application for Bail before arrest. Supreme Court holding that accused would remain on ad interim Bail before arrest till its confirmation by High Court. 
[NLR-2017-Criminal-SC-268]


The Supreme Court disagreed with the Single Judge of the High Court who granted pre-arrest bail to an accused under Section 498 of the CrPC. The Supreme Court overturned the order due to the incorrect reasoning and sent the case back to the High Court for a new decision on the bail application. The accused will stay on interim bail until the High Court confirms it.


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