Criminal Procedure Code, 1973—Section 438

Criminal Procedure Code, 1973—Section 438—Anticipatory bail—Restrictions imposed by the Apex Court in the case of Salauddin Abdulsamad Shaikh v. State of Maharashtra (1996) 1 SCC 667 , namely, that the accused released on anticipatory bail must submit himself to custody and only thereafter can apply for regular bail, held, is contrary to the basic intention and spirit of section 438 Cr.P.C—It is also contrary to Article 21 of the Constitution and the law laid down by the Constitution Bench in Sibbia’s case [(1980) 2 SCC 565]—Constitution of India, 1950, Article 21.