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Sep 10, 2024 · Anticipatory bail under Section 438 of the CrPC can only be granted if there is a ‘reason to believe’ that the person may be arrested for a non-bailable offense. An application for anticipatory bail can be entertained even if the applicant is in custody for a different offense.
- Introduction
- Backdrop
- Interim Protection
- Conclusion
Personal liberty and the rule of law find their rightful place under Articles 21 and 22 of the Constitution of India, which include measures against arbitrary and indefinite detention. Even with the option of an elaborate judicial procedure to deal with matters regarding grant of bail, the system is somehow unable to meet the parameters of an arche...
Prior to 1973, criminal procedure in India did not envisage the concept of ‘anticipatory bail’/’bail apprehending arrest’. The Law Commission of India in its 41stReport on the CrPC first identified the necessity for provisions regarding grant of anticipatory bail as: The initial idea of providing for anticipatory bail was to avoid the situation whe...
While the applicant had been granted interim protection under Section 438(1) of the CrPC by the Sessions Court, the Bombay High Court further granted interim protection stating that if the ABA before the Sessions Court is rejected during the pendency of the High Court proceedings, then the interim protection granted against arrest would extend for ...
The Paltewarjudgment expands on a very important point under the jurisprudence in relation to bails, specifically anticipatory bails. It is seen in a lot of cases that the accused, who is facing a potential arrest, is not provided with a protective order for a reasonable period of time when the presence under Section 438(4) of the CrPC is sought by...
Mar 13, 2016 · Court, once the accused is released on anticipatory bail by the trial court, then it would be unreasonable to compel the accused to surrender before the trial court and again apply for regular bail.
May 15, 2024 · Bail is mainly categorized into three types, Regular bail, Interim bail, and Anticipatory bail. In this article, we will discuss anticipatory bail and landmark judgments of the Supreme Court related to anticipatory bail.
grant of anticipatory bail may be granted, if they are required in the facts of any case or cases; however, such limiting conditions may not be invariably imposed.
The present appeal has been filed against the final judgment and order dated 20.09.2021 passed in S.B. Criminal Miscellaneous Bail Application No. 14458 of 2021 by the High Court of Rajasthan, at Jaipur, whereby the High Court granted regular bail to respondent no. 2 accused. 3.
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that even when the anticipatory bail application under Section 438 is filed, the same can be granted within the parameters of Section 438 Cr.P.C. and the conditions of the said provision are satisfied.
