Question

Principle : No person accused of an offence involving commercial quantity of narcotic drugs shall be released on bail or on his own bond unless the court is satisfied that there are reasonable grounds for believing that he is not guilty of such offence and that he is not likely to commit any offence while on bail.
Facts : Michael is accused of possessing commercial quantities of cocaine(a narcotic drug), which is an offence. However, he has not yet been arrested by the police. He moves the relevant court for anticipatory bail, praying that he should not be arrested for the alleged offences. The Court finds a good case for grant of anticipatory bail; however, the Court is not ready to state that “there are reasonable grounds for
believing that he is not guilty of such offence”.
Choose the most appropriate answer.

• A. The Court is not bound by the given principle, because the principle speaks of “release” of a person on bail, thus implying that it does not apply to cases of anticipatory bail.
• B. The Court is still bound by the given principle because it would be absurd to suggest that persons in custody and those not yet arrested are governed by different rules.
• C. The Court is not bound by the given principle because its language is only in the form of a recommendation. The Court is free to grant bail based on its own sense of fairness and justice.
• D. None of the above

Answer 1

Answer: (A)

The Court is not bound by the given principle, because the principle speaks of “release” of a person on bail, thus implying that it does not apply to cases of anticipatory bail.

Answer 2

The correct option is (A): The Court is not bound by the given principle, because the principle speaks of “release” of a person on bail, thus implying that it does not apply to cases of anticipatory bail.