In CRM 127/ 2019, BIMAL GURUNG VS STATE OF WEST BENGAL, in a matter of pre-arrest bail, the Calcutta High Court held that analysis of the Section 438(2) of the Code of Criminal Procedure indicates that the imposition of a condition on an accused not to leave the country without the permission of the Court upon being granted the relief of pre-arrest bail is a discretionary one depending on the facts of the case. Although the aforesaid condition gives rise to an inference that an accused ordinarily ought to be within the country while seeking the relief of pre-arrest bail, it cannot be read to understand that in all cases an accused seeking pre-arrest bail must definitely be within the country. There may be cases where an accused lawfully residing in a foreign country apprehends arrest due to the imminent threat of execution of a coercive process in a contracting State in the course of investigation pursuant to order passed by an appropriate court under section 105-B of the Code of Criminal Procedure or by way of extradition proceedings.
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