Siddharam Satlingappa Mhetre v. State of Maharashtra (AIR 2011 SC 312)

The Supreme Court restored anticipatory bail to protect the appellant’s personal liberty. The Court said arrest is not routine; it is a rare, last option. If a person is cooperating and there is no real need for custody, bail should be favored.

• Article 21 anchors dignity and liberty—no needless arrests.
• Section 438 CrPC exists to prevent false implication and harassment.
• Bail decision must apply clear factors (gravity, need for custody, cooperation, risk).

1. Was the High Court right in rejecting anticipatory bail?
2. What is the correct test and factors under Section 438 CrPC?
3. How does Article 21 shape bail decisions?

• Arrest = last resort: Use only in exceptional cases where custody is truly necessary.
• Article 21: Right to life and liberty demands proportional state action; irrational arrests violate human rights.
• Section 438 parameters (illustrative): nature/gravity of accusation, need for custodial interrogation, cooperation/antecedents, flight risk, risk of tampering, public interest.
• Contrast — National security (Jagjit Singh, 1962): In OSA cases, courts weigh gravity and public safety more strictly.

Held: The Supreme Court set aside the High Court’s refusal and granted anticipatory bail. It stressed that personal liberty is a prized right and arrest should be avoided unless imperative. Section 438 is meant to prevent harassment and misuse of power in politically or personally motivated cases.

Liberty-first approach: Courts must check if custody is truly needed. If cooperation exists and risks are manageable, anticipatory bail should follow. Arrest is not a punishment; it is a process step used sparingly.

• Sets a clear people-centric standard for anticipatory bail.
• Discourages indiscriminate arrests that erode dignity.
• Provides a factor checklist for trial courts to follow.

1. Arrest last: Use only when custody is essential.
2. Article 21: Bail decisions must respect dignity and liberty.
3. Section 438 factors: Gravity, need for custody, cooperation, risk.
4. Motivated cases: Section 438 shields against misuse.

Mnemonic — “L-A-S-T” (Liberty first • Arrest last • Section 438 factors • Tampering/flight risk check)

1. Liberty first: Start from Article 21.
2. Arrest last: Allow only if custody is imperative.
3. Section 438 factors: Apply the checklist and record reasons.

Anticipatory Bail

Pre-arrest bail under Section 438 CrPC to avoid unnecessary custody.

Custodial Interrogation

Questioning that requires the accused to be in police custody for effective investigation.

Article 21

Constitutional right to life and personal liberty; foundation for humane criminal process.