If the anticipatory bail order has been passed as an interim measure (i.e., while the final order in the anticipatory bail application is still pending), then the anticipatory bail would be valid till such interim order specifically states.
But, if the anticipatory bail has been granted as a final order in the application filed for this purpose, then generally there is no time limit set for it unless the court has itself specified any particular time limit. Therefore, in such a case, the anticipatory bail would generally be applicable throughout the case.
Further, anticipatory bail does not mean that such person cannot be arrested at all. What it implies is that in the event of his arrest, he shall be released on bail as per the terms mentioned in the order of anticipatory bail. So, basically, it implies that while the person can still be arrested by police, he shall not be detained in custody and shall be released on bail as per the terms of the anticipatory bail. This is quite clear from the language used in Section 438 of the Criminal Procedure, which is the relevant provision for the grant of anticipatory bail.
In your case, the police can arrest that person, but as I mentioned above, such person (in whose favour the anticipatory bail order exists) will have to be released on bail after arrest in terms of the anticipatory bail order.
Dr. Ashok Dhamija is a New Delhi based Supreme Court Advocate and author of law books. Read more about him by clicking here. List of his Forum Replies. List of his other articles. List of his Quora Answers. List of his YouTube Videos.
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