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Did Gurbaksh Singh Sibbia v. State of Punjab (9 April 1980) require an applicant to establish a…

The Constitution Bench in Gurbaksh Singh Sibbia rejected the High Court's requirement that an applicant for anticipatory bail under CrPC s.438 (now s.482 BNSS) must show a…

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Did Gurbaksh Singh Sibbia v. State of Punjab (9 April 1980) require an applicant to establish a separate “special case”, beyond making out a case for anticipatory bail under former CrPC section 438?

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Correct answer B

The Constitution Bench in Gurbaksh Singh Sibbia rejected the High Court's requirement that an applicant for anticipatory bail under CrPC s.438 (now s.482 BNSS) must show a "special case". The applicant must still make out a case for the grant, and the court decides by careful judicial discretion, so the relief is neither automatic nor based on status.

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