Scope and ambit of Section 438 Cr.P.C.

15. It is apparent from the Statement of Objects and Reasons

for introducing section 438 in the Code of Criminal Procedure,

1973 that it was felt imperative to evolve a device by which an

alleged accused is not compelled to face ignominy and disgrace

at the instance of influential people who try to implicate their

rivals in false cases.

16. The Code of Criminal Procedure, 1898 did not contain any

specific provision corresponding to the present section 438

Cr.P.C. The only two clear provisions of law by which bail could

be granted were sections 437 and 439 of the Code. Section 438

was incorporated in the Code of Criminal Procedure, 1973 for the

first time.

17. It is clear from the Statement of Objects and Reasons that

the purpose of incorporating Section 438 in the Cr.P.C. was to

recognize the importance of personal liberty and freedom in a

free and democratic country. When we carefully analyze this

section, the wisdom of the legislature becomes quite evident and

clear that the legislature was keen to ensure respect for the

personal liberty and also pressed in service the age-old principle

that an individual is presumed to be innocent till he is found

guilty by the court.

(Cited from the Judgement Delivered by Hon’ble Supreme Court of India in the case of “Siddharam Satlingappa Mhetre vs State of Maharashtra and Others”)

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Haider Ajaz