1. Which provision of law deals with anticipatory bail? Section 482(1) of Bharatiya Nagarik Suraksha Sanhita 2023 reads as follows: When any person has reason to believe that he may be arrested on an accusation of having committed a non-bailable offence, he may apply to the High Court or the Court of Session for a …
Code Of Criminal Procedure, 1973; Section 438 – [BNSS,2023; Section 482]– An accused is entitled to seek anticipatory bail in connection with an offence so long as he is not arrested in relation to that offence. Once he is arrested, the only remedy available to him is to apply for regular bail either under Section …
Dhanraj Aswani vs Amar S. Mulchandani 2024 INSC 669 – Anticipatory Bail Read More »
Code Of Criminal Procedure, 1973; Section 438 – Anticipatory Bail – Grant of bail based on parity is not a claim of right – While applying this principle of parity, the Court is required to focus on the role attached to the accused whose application is under consideration – Referred to Tarun Kumar v. Assistant …
Sabita Paul vs State Of West Bengal 2024 INSC 245 – Anticipatory Bail – Parity Read More »
Code of Criminal Procedure, 1973; Section 438, 83- In the absence of any interim order, pendency of an application for anticipatory bail shall not bar the Trial Court in issuing/proceeding with steps for proclamation and in taking steps under Section 83, Cr.PC, in accordance with law. (Para 23) Code of Criminal Procedure, 1973; Section 438 …
Code Of Criminal Procedure, 1973; Section 438 – Anticipatory Bail – When anticipatory bail is granted to an accused, the effect of the said order is that in the event of the arrest of the accused, he has to be forthwith released on bail. After coming to the conclusion that the accused is entitled to …
Disclaimer : We have converted eSCR webpage to pdf so that lawyers and law students can easily access it. This pdf contains only a list of judgments which contains the keyword ‘anticipatory bail’. To access this judgment one may visit eSCR and type the citation in the search box. For example for Sushila Aggarwal judgment, …
In Shri Gurbaksh Singh Sibbia vs State of Punjab (1980) 2 SCC 565, the Constitution Bench of the Supreme Court, while upholding the constitutionality of Section 438 Cr.P.C., observed thus: Thirdly, the filing of a First Information Report is not a condition precedent to the exercise of the power under Section 438. The imminence of a likely arrest founded on …
In Harjeet Chandok @ Harjeet Singh vs State Of Karnataka, the Sessions Court has rejected the bail application on the sole ground that the accused have not produced the address proof of their native place. The Karnataka High Court, while allowing their bail plea, observed that ‘the petitioners are natives of some other State itself …
Can Bail Be Denied Merely Because Accused Are Natives Of Other States? Read More »
Section 438 CrPC provides that when any person has reason to believe that he may be arrested on an accusation of having committed a non-bailable offence, he may apply to the High Court or the Court of Session for a direction under this section. So it is clear from literal reading of this provision that Section 438 CrPC confers …
S 438 CrPC – Anticipatory Bail Application Directly Before High Court Read More »