Criminal Procedure Code, 1973—Section 438

Criminal Procedure Code, 1973—Section 438—Anticipatory bail—Judgments and orders in the cases of Salauddin Abdulsamad Shaikh v. State of Maharashtra (1996) 1 SCC 667, K. L. Verma v. State and Another (1998) 9 SCC 348, Adri Dharan Das v. State of West Bengal (2005) 4 SCC 303, Sunita Devi v. State of Bihar and Another (2005) 1 SCC 608 and Naresh Kumar Yadav v. Ravindra Kumar (2008) 1 SCC 632, held, are clearly contrary to the legislative intention and the law declared by the Constitution Bench’s in Sibbia’s case [(1980) 2 SCC 565]—Further, held, since these judgments and orders have ignored a Constitution Bench judgment of this court in Sibbia’s case, therefore, these judgments and orders are per incuriam also—Constitution of India, 1950, Article 141.