[BAIL] Questions & Answers By Justice V. Ramkumar- Anticipatory Bail [Part-II]
1 year, 9 months ago

[BAIL] Questions & Answers By Justice V. Ramkumar- Anticipatory Bail [Part-II]

Live Law  

6 What are the factors to be taken into account while dealing with an application for anticipatory bail? The nature and gravity of the accusation and the exact role of the accused must be properly comprehended before arrest is made; The antecedents of the applicant including the fact as to whether the accused has previously undergone imprisonment on conviction by a Court in respect of any cognizable offence. While considering the prayer for grant of anticipatory bail, a balance has to be struck between two factors, namely, no prejudice should be caused to the free, fair and full investigation and there should be prevention of harassment, humiliation and unjustified detention of the accused; The Court to consider reasonable apprehension of tampering of the witnesses or apprehension of threat to the complainant. NOTE BY VRK: Now, when the amendment of Section 438 Cr.P.C as per Amending Act 255 of 2005 comes into effect, the Court is given the discretion to take into consideration, inter alia the following factors:- The nature and gravity of the accusation The antecedents of the applicant including the fact as to whether he has previously undergone imprisonment or conviction by a Court in respect of any cognizable offence. and Where the accusation has been made with the object of injuring or humiliating the applicant by having him so arrested, either reject the application forthwith or issue an interim order for the grant of anticipatory bail.

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History of this topic

Anticipatory Bail An 'Extraordinary Privilege' To Be Granted Only In Exceptional Circumstance: Andhra Pradesh HC In Sexual Harassment Case
2 weeks, 1 day ago

Anticipatory Bail An 'Extraordinary Privilege' To Be Granted Only In Exceptional Circumstance: Andhra Pradesh HC In Sexual Harassment Case

Live Law  

The Andhra Pradesh High Court, while rejecting the anticipatory bail plea of an accused in a sexual harassment case has observed that denying custodial interrogation can result in significant loopholes and gaps in the ongoing investigation that may adversely affect its integrity. Single judge Justice T. Mallikarjuna Rao also observed, “The anticipatory bail, the extraordinary privilege, should be granted only …

Accused goes abroad after getting bail, anticipatory bail rejected
3 weeks ago

Accused goes abroad after getting bail, anticipatory bail rejected

The Hindu  

A Mangaluru Court has rejected the anticipatory bail application filed by an accused, who remained absconding after obtaining bail in a criminal case registered against him. The Principal District and Sessions Judge, Dakshina Kannada, Ravindra M. Joshi, on March 7, rejected the anticipatory bail application of 41-year-old Mohammad Masood Ashfaq, a resident of Ulsoor in Bengaluru. As Mangaluru South police …

Anticipatory Bail Plea Maintainable Even If Chargesheet Shows Accused As Declared Absconder: Madhya Pradesh HC
Trending News
1 month ago

Anticipatory Bail Plea Maintainable Even If Chargesheet Shows Accused As Declared Absconder: Madhya Pradesh HC

Live Law  

The Jabalpur bench of the Madhya Pradesh High Court while answering a reference made by a single judge, clarified that an anticipatory bail plea is maintainable even if the chargesheet filed shows the accused as a declared absconder. The court further ruled that an anticipatory bail plea is maintainable even when proceedings under CrPC Section 82 & 83 or Section …

Kerala HC Grants Anticipatory Bail To Reporter TV Editors In POCSO Case, Says 'Inappropriate Questions' To Child Should Have Been Avoided
1 month, 4 weeks ago

Kerala HC Grants Anticipatory Bail To Reporter TV Editors In POCSO Case, Says 'Inappropriate Questions' To Child Should Have Been Avoided

Live Law  

The Kerala High Court on Monday allowed the anticipatory bail applications filed by Malayalam news channel Reporter TV's consulting editor Arun Kumar K. and Sub-editor Shabas Ahammed. Justice P. V. Kunhikrishnan observed that prime facie, while the allegations did not constitute a criminal offence under the POSCO Act, the Court stated that the reporters asked the child inappropriate questions which …

Anticipatory bail granted to five persons accused of abducting Koothattukulam councillor
2 months ago

Anticipatory bail granted to five persons accused of abducting Koothattukulam councillor

The Hindu  

The Kerala High Court on Thursday granted anticipatory bail to five persons in a case registered in connection with the alleged abduction of Koothattukulam CPI municipal councillor Kala Raju. Kunhikrishnan, while granting them anticipatory bail, observed that an elected representative going against the will of the people should not be confronted physically by attacking the representative. If the elected representative …

Supreme Court Advises Caution While Granting Ad-Interim Anticipatory Bail
2 months, 2 weeks ago

Supreme Court Advises Caution While Granting Ad-Interim Anticipatory Bail

Live Law  

The Supreme Court reaffirmed that Courts must exercise caution when granting interim protection to the accused while deciding anticipatory bail pleas. While holding so, the Court expressed disapproval of the High Court's decision to grant the accused the liberty to join the investigation while the anticipatory bail plea was pending and to order their release on ad-interim bail in the …

No pre-arrest bail for man who extorted unmarried women on matrimonial sites
3 months ago

No pre-arrest bail for man who extorted unmarried women on matrimonial sites

India Today  

A court has refused to grant anticipatory bail to a man who targeted unmarried women on matrimonial sites to extract money from them and threatened them to release their compromising material on social media. The Vasai Sessions Court rejected the anticipatory bail application of Shaikh, accused in a case involving harassment, fraud and attempted sexual assault. The prosecution submitted that …

Relief Hit By S. 438(1)(ii) CrPC: Allahabad HC Cancels Advocate's Anticipatory Bail In Extortion Case For Concealing Criminal Antecedents
3 months, 4 weeks ago

Relief Hit By S. 438(1)(ii) CrPC: Allahabad HC Cancels Advocate's Anticipatory Bail In Extortion Case For Concealing Criminal Antecedents

Live Law  

The Allahabad High Court recently cancelled anticipatory bail granted to an advocate in an extortion case, noting that he had not mentioned the factum of previous criminal antecedents before the trial court, which granted him the relief. It was his case that the accused had approached the Sessions Court by concealing the factum of criminal antecedents of two previous cases, …

Gujarat Court Grants Anticipatory Bail To Journalist Mahesh Langa In Cheating FIR, Says Dispute Over Non Payment Of Money Is Civil In Nature
4 months ago

Gujarat Court Grants Anticipatory Bail To Journalist Mahesh Langa In Cheating FIR, Says Dispute Over Non Payment Of Money Is Civil In Nature

Live Law  

After considering arguments and contentions raised by the parties, the contents of the FIR, Additional Sessions Judge Hemangkumar Girishkumar Pandya in its order observed, " The alleged period of cheating is from 01.03.2024 to 29.10.2024 whereas the FIR is registered on 29.10.2024. A Sessions Court in Ahmedabad, Gujarat on Monday granted anticipatory bail to Journalist and Senior Assistant Editor at …

Supreme Court Grants Anticipatory Bail To Jagannath Temple Priest In Money Laundering Case Under PMLA
4 months, 1 week ago

Supreme Court Grants Anticipatory Bail To Jagannath Temple Priest In Money Laundering Case Under PMLA

Live Law  

The Supreme Court today granted anticipatory bail to Jagannath Temple Priest, Rajkumar Daitapati in relation to PMLA proceedings initiated against him for alleged offence of money laundering. The petitioner, stated to be a generational priest of the Shri Jagannath Temple, Puri, Orrisa has been arrayed in proceedings under S. 3 and 4 of the Prevention for Money Laundering Act 2002. …

High Court Allows Anticipatory Bail Plea for Accused Facing Arrest Warrant
5 months, 1 week ago

High Court Allows Anticipatory Bail Plea for Accused Facing Arrest Warrant

Live Law  

The Allahabad High Court has ruled that there is no 'absolute prohibition' against considering an application for anticipatory bail filed by an accused facing an arrest warrant or proclamation under Section 82 CrPC. The court is empowered to consider the merits of the case in extremely exceptional cases in the interest of justice.

CJI Chandrachud Urges Trial Courts to Grant Bail Judiciously
8 months ago

CJI Chandrachud Urges Trial Courts to Grant Bail Judiciously

Deccan Chronicle  

Bengaluru: Chief Justice of India D Y Chandrachud on Sunday said the trial judges prefer playing safe by not granting bail on important issues of crime when it is looked at with a degree of suspicion. "People who should be getting bail in the trial courts and not getting it there, as a result of which, they have to invariably …

Bail reforms: What are bail conditions and how do they affect the accused person's rights?
8 months, 2 weeks ago

Bail reforms: What are bail conditions and how do they affect the accused person's rights?

Hindustan Times  

A Nigerian foreign national facing trial under sections of the NDPS Act, punishable with seven years or more, was granted conditional bail after spending eight years in prison from 2014 to 2022. These provisions empower courts to deem an accused 'indigent' if they fail to meet bail conditions within seven days of their grant, thereby enabling the court to reconsider …

Nature & Gravity Of Offence Taken Into Account While Considering Anticipatory Bail: Rajasthan High Court Denies Relief For Forging Pattas
9 months, 2 weeks ago

Nature & Gravity Of Offence Taken Into Account While Considering Anticipatory Bail: Rajasthan High Court Denies Relief For Forging Pattas

Live Law  

Rajasthan High Court has denied anticipatory bail to the person charged under five different FIRs for forging “pattas” that were never actually issued by the Ajmer Development Authority and taking lakhs of rupees from complainants to distribute these fabricated pattas and documents. A bench of Justice Anoop Kumar Dhand said, “While considering an application for grant of anticipatory bail, no …

[Advt.]7 Day Online Certificate Course On Art Of Contesting Bail Applications By Legal Expatiate [1st To 7th June]
10 months, 1 week ago

[Advt.]7 Day Online Certificate Course On Art Of Contesting Bail Applications By Legal Expatiate [1st To 7th June]

Live Law  

This Course will upgrade your knowledge regarding the bail applications in sessions court and high court under old and new law which is applicable from 1st July, 2024 which every lawyer and law student must possess. TOPICS COVERED Module 1 - Concept of bail - ⁠Bailable and non bailable offences - ⁠Types of Bail - Regular Bail and Anticipatory Bail …

SC/ST Act | No Absolute Bar Against Grant Of Anticipatory Bail If Alleged Offences Prima Facie Not Made Out: Orissa High Court Reiterates
1 year, 2 months ago

SC/ST Act | No Absolute Bar Against Grant Of Anticipatory Bail If Alleged Offences Prima Facie Not Made Out: Orissa High Court Reiterates

Live Law  

The Orissa High Court, on Thursday, reiterated that there is no absolute bar against grant of anticipatory bail to an accused under the Scheduled Caste and Scheduled Tribe Act, 1989, if no prima facie offence is made out. While clarifying the implications of Section 18 and Section 18A of the Act, the Single Bench of Justice Sashikanta Mishra held – …

Kerala High Court Grants Anticipatory Bail To Lawyers Accused Of Sexually Abusing Client
1 year, 5 months ago

Kerala High Court Grants Anticipatory Bail To Lawyers Accused Of Sexually Abusing Client

Live Law  

The Kerala High Court recently granted anticipatory bail to two lawyers accused of raping and sexually abusing their client on multiple occasions. Justice Gopinath P. passed the order, on taking note of the fact that while the victim/de facto complainant averred that she had been sexually abused from the moment she had first approached the 1st petitioner to entrust her …

Mere Non-Payment Of Money Under A Contract No Ground To Deny Anticipatory Bail To Accused: Allahabad High Court
1 year, 7 months ago

Mere Non-Payment Of Money Under A Contract No Ground To Deny Anticipatory Bail To Accused: Allahabad High Court

Live Law  

The Allahabad High Court has observed that mere non-payment of money paid under a contract cannot be a ground for criminal prosecution of a party to the agreement and, in any case, that "cannot be a ground for rejection of the anticipatory bail application" of the accused person.The bench of Justice Subhash Vidyarthi observed thus while granting anticipatory bail to …

Anticipatory Bail Not Available For Offences Under UAPA Under Any Circumstance: Kerala High Court
1 year, 8 months ago

Anticipatory Bail Not Available For Offences Under UAPA Under Any Circumstance: Kerala High Court

Live Law  

The Kerala High Court on Friday held that exclusion of application of Section 438 CrPC to cases under the Unlawful Activities Act, 1967 is absolute and thus no application for anticipatory bail is permissible for offences punishable under the UAPA under any circumstances.A Division Bench of Justice P.B Suresh Kumar and Justice C.S Sudha added that if it were interpreted. …

[BAIL] Questions & Answers By Justice V. Ramkumar- Anticipatory Bail [Part-V]
1 year, 8 months ago

[BAIL] Questions & Answers By Justice V. Ramkumar- Anticipatory Bail [Part-V]

Live Law  

Q.21 Can anticipatory bail be granted to an accused when on similar allegations two other co-accused in the case had been granted similar relief? Q.23 If an accused who is on anticipatory bail surrenders before the competent Court and seeks regular bail, can he be treated as in “custody” obliging the Court to decide the application on merits? The accused …

[BAIL] Questions & Answers By Justice V. Ramkumar- Anticipatory Bail [Part-I]
1 year, 10 months ago

[BAIL] Questions & Answers By Justice V. Ramkumar- Anticipatory Bail [Part-I]

Live Law  

Q.1 What are the judicially settled principles to be borne in mind in the matter of anticipatory bail? In Sushila Agarwal v. State 5 SCC 1 – 5 Judges – Arun Mishra, Indira Banerjee, Vineeth Saran, M. R. Shah, S. Raveendra Bhat – JJ, a Constitution Bench of the Supreme Court of India laid down the following principles:- The term …

Sessions Judge Who Was Asked To Go For Training Says He's Due To Be Considered For Elevation; Supreme Court Refuses Early Hearing
1 year, 10 months ago

Sessions Judge Who Was Asked To Go For Training Says He's Due To Be Considered For Elevation; Supreme Court Refuses Early Hearing

Live Law  

The Supreme Court, on Monday, refused early listing of application filed by a Judge of a Sessions Court in Lucknow, who was recently asked by the Supreme Court to be sent for Training as he did not follow the law laid down by the Apex Court in Satender Kumar Antil v. CBI. On the last date of hearing, it was …

[BAIL] Questions & Answers By Justice V. Ramkumar- Post Sentence Bail [Part-I]
1 year, 10 months ago

[BAIL] Questions & Answers By Justice V. Ramkumar- Post Sentence Bail [Part-I]

Live Law  

Q.1 The accused is charge sheeted by the police for an offence punishable under Section 326 IPC. The accused files an appeal before the Sessions Court under Section 374 Cr.P.C and obtains an order under Section 389 Cr.P.C suspending the sentence and releasing him on bail. The accused files an application before the Sessions Court for bail under Section 389 …

[BAIL] Questions & Answers By Justice V. Ramkumar-Default Bail-PART-II
2 years ago

[BAIL] Questions & Answers By Justice V. Ramkumar-Default Bail-PART-II

Live Law  

Q.6 Is a Magistrate or a Special Judge obliged to release an accused on default bail under the proviso to Sec. But see Jeevan Kumar Raut v. CBI – 7 SCC 526 = AIR 2009 SC 2763 – S. B. Sinha, Asok Kumar Ganguly – JJ, where it is held that since under Section 22 of the Transplantation of Human …

[BAIL] Questions & Answers By Justice V. Ramkumar-Regular Bail-PART-IX
2 years, 1 month ago

[BAIL] Questions & Answers By Justice V. Ramkumar-Regular Bail-PART-IX

Live Law  

Q.41 Is it permissible to keep a child in conflict with law be kept in jail or police lockup under any circumstance? Where the case is triable by a Court including a Special Court without a committal of the case to that Court, then the Court which can grant bail to the accused is the Court having jurisdiction to try …

[BAIL] Questions & Answers By Justice V. Ramkumar-Regular Bail-PART-VIII
2 years, 1 month ago

[BAIL] Questions & Answers By Justice V. Ramkumar-Regular Bail-PART-VIII

Live Law  

Q.36 Why not during these “corona lockdown” days impose a mandatory bail condition to download Arogya Setu App and keep the applicant’s GPS and Bluetooth open? 1 SCC 240 = AIR 1978 SC 429 - V. R. Krishna Iyer – JJ, there is an observation by Justice V.R.Krishna Iyer to the effect “……It makes sense to assume that a man …

Can’t Grant Anticipatory Bail When Money Has Been Taken From Large Number Of People, Says Supreme Court During Hearing
2 years, 2 months ago

Can’t Grant Anticipatory Bail When Money Has Been Taken From Large Number Of People, Says Supreme Court During Hearing

Live Law  

The Supreme Court of India on Monday observed that it is not inclined in granting bails in cases pertaining to economic offences especially when many depositors have been swindled. “I had offered to deposit 9 lakhs in the lower court”, Senior Advocate R Basant appearing for the petitioner told the Court. The Court expressed that it would grant bail only …

Absconder/Proclaimed Offender Not Entitled To Anticipatory Bail: Allahabad High Court
2 years, 2 months ago

Absconder/Proclaimed Offender Not Entitled To Anticipatory Bail: Allahabad High Court

Live Law  

The Allahabad High Court has reiterated that a person against whom a warrant has been issued and, is absconding or concealing himself in order to avoid execution of warrants and proceedings under Section 82 of the Code have been initiated against him, is not entitled to the relief of anticipatory bail. To reach to this conclusion, the Court relied upon …

"He Is Avoiding Process Of Court": Allahabad High Court Denies Anticipatory Bail To MLA Abbas Ansari In Arms License Case
2 years, 7 months ago

"He Is Avoiding Process Of Court": Allahabad High Court Denies Anticipatory Bail To MLA Abbas Ansari In Arms License Case

Live Law  

The Allahabad High Court last week denied anticipatory bail to Mau Sadar MLA Abbas Ansari, the son of jailed politician Mukhtar Ansari in connection with the Arms License case.Denying him bail, the bench of Justice Dinesh Kumar Singh took into account the fact that Ansari had been avoiding the process of the Court, against whom proclamation had been issued by. …

Affirming the primacy of bail
2 years, 8 months ago

Affirming the primacy of bail

Hindustan Times  

An unfortunate facet of the Indian criminal justice system is the prolonged incarceration of people not convicted of any crime because of denial of bail. Despite four decades of Supreme Court jurisprudence stressing the importance of granting bail as a matter of practice and jail time only in exceptional circumstances, thousands of people continue to languish behind bars even as …

Kerala HC grants anticipatory bail to Vijay Babu
2 years, 9 months ago

Kerala HC grants anticipatory bail to Vijay Babu

The Hindu  

The Kerala High Court on Wednesday granted anticipatory bail to actor-producer Vijay Babu in a rape case filed by an actor. Justice Bechu Kurian Thomas while passing the order directed the actor to surrender before the investigating officer on June 27 at 9 am for interrogation. The court made it clear that the actor can be interrogated for the next …

'Soft Target': Gujarat High Court Grants Anticipatory Bail To Ex-ASG IH Syed In Extortion Case, Says Allegations Apparently Designed To Humiliate Him
2 years, 9 months ago

'Soft Target': Gujarat High Court Grants Anticipatory Bail To Ex-ASG IH Syed In Extortion Case, Says Allegations Apparently Designed To Humiliate Him

Live Law  

The former ASG at Gujarat High Court, IH Syed was granted anticipatory bail by a bench consisting of Justice Nikhil S. Kariel of the Gujarat High Court. It opined that– "The earlier FIR in question was between private individuals and whereas whatever may be the extent of amount alleged to have been defrauded, it was in the considered opinion of …

Anticipatory Bail Application Maintainable Even If Accused Is Outside The Country : Kerala High Court
2 years, 10 months ago

Anticipatory Bail Application Maintainable Even If Accused Is Outside The Country : Kerala High Court

Live Law  

The Kerala High Court on Tuesday while granting interim anticipatory bail to actor Vijay Babu in a rape case observed that the accused being abroad does not disentitle him from having his anticipatory bail application considered. Justice Bechu Kurian Thomas however clarified that this observation was made only for considering the grant of interim protection from arrest. "I am of …

'Conduct Does Not Inspire Confidence': Karnataka High Court Refuse Anticipatory Bail To Ex-Member Of Legislative Council In Extortion Case
2 years, 11 months ago

'Conduct Does Not Inspire Confidence': Karnataka High Court Refuse Anticipatory Bail To Ex-Member Of Legislative Council In Extortion Case

Live Law  

The Karnataka High Court has refused anticipatory bail to a Former Member of Legislative Council and another person in an alleged case of extortion, registered against them by a civil contractor earlier this year. Further, insofar as accused no.1 is concerned, it is pointed out that petitioner no.1 who is accused no.1 was also arrayed as accused no.1 in Crime …

Custodial Interrogation An Effective Method Of Crime Solving But Personal Liberty Has To Be Balanced: Delhi HC Grants Pre-Arrest Bail In Cheating Case
2 years, 11 months ago

Custodial Interrogation An Effective Method Of Crime Solving But Personal Liberty Has To Be Balanced: Delhi HC Grants Pre-Arrest Bail In Cheating Case

Live Law  

The Delhi High Court has observed that while custodial interrogation of a suspect is one of the basic and effective methods of crime solving, the liberty of an individual also needs to be balanced out.Justice Asha Menon was dealing with a plea seeking anticipatory bail in connection with an FIR registered under sec. The Delhi High Court has observed that …

Is An Accused's Anticipatory Bail Plea Maintainable If He Is Already In Judicial Custody In Another Crime? –Bombay High Court Rules
3 years, 3 months ago

Is An Accused's Anticipatory Bail Plea Maintainable If He Is Already In Judicial Custody In Another Crime? –Bombay High Court Rules

Live Law  

The Bombay High Court has held that an accused can be granted anticipatory bail even if he is in prison in connection with another offence, and that every case registered against an accused would have to be decided on its own merits. Adjudicating a petition for anticipatory bail under section 438 of the Criminal Procedure Code, the question before the …

'Arrest & Detention Not To Be Taken As Luxury By Prosecution': Kerala High Court While Granting Pre-Arrest Bail To Four
3 years, 5 months ago

'Arrest & Detention Not To Be Taken As Luxury By Prosecution': Kerala High Court While Granting Pre-Arrest Bail To Four

Live Law  

The Kerala High Court, while granting pre-arrest bail to four men accused of assault, ruled that once the purpose of arrest and interrogation are fulfilled, applicants should not be denied anticipatory bail. Brief Background: The Court was considering anticipatory bail applications moved by four men accused of brutally assaulting the defacto complainant on the ground that he let his dog …

"Shall Not Move In Vicinity Of Prosecutrix": MP HC Grants Anticipatory Bail To Man Accused Of Raping Live In Relationship Partner
3 years, 8 months ago

"Shall Not Move In Vicinity Of Prosecutrix": MP HC Grants Anticipatory Bail To Man Accused Of Raping Live In Relationship Partner

Live Law  

The Madhya Pradesh High Court on Wednesday granted anticipatory bail to a man accused of raping his live in relationship partner on the promise to marry her by imposing the condition that he shall not move in her vicinity or be a 'source of embarrassment or harassment' to her. A single judge bench comprising of Justice Anand Prakash granted bail …

'No Malicious Motive To Subvert The Government': Kerala High Court Grants Anticipatory Bail To Aisha Sultana In Sedition Case
3 years, 9 months ago

'No Malicious Motive To Subvert The Government': Kerala High Court Grants Anticipatory Bail To Aisha Sultana In Sedition Case

Live Law  

The Kerala High Court on Friday allowed the anticipatory bail application filed by Aisha Sultana earlier this month. Justice Ashok Menon cited that prima facie, the applicant did not have a malicious motive to subvert the Government established by law by merely using the strong words to express her vehemence in disapproval of the subject under discussion. Administration's Arguments The …

The Real Meaning Of Anticipatory Bail: Interpreting Section 438 Cr. P.C
3 years, 9 months ago

The Real Meaning Of Anticipatory Bail: Interpreting Section 438 Cr. P.C

Live Law  

"Anticipatory bail" is not defined in the Code of Criminal Procedure,1973, it was not even a part of the earlier 1898 code. Section 438 lays down "when any person having a reason to believe that he may get arrested for a non-bailable offence then he can apply for anticipatory bail to the High Court or the Court of session and …

Recent Developments In Bail Jurisprudence
3 years, 10 months ago

Recent Developments In Bail Jurisprudence

Live Law  

The egalitarian maxim "Bail, not Jail" enunciated by Justice V. R. Krishna Iyer seemed to have got watered down in the past decades. Default Bail u/s 167 CrPC The proviso to Section 167 of the CrPC postulates: Provided that, The Magistrate may authorise the detention of the accused person, otherwise than in the custody of the police, beyond the period …

Accused denied anticipatory bail can be given protection: Supreme Court
3 years, 10 months ago

Accused denied anticipatory bail can be given protection: Supreme Court

The Hindu  

A Supreme Court judgment said an accused denied anticipatory bail can, in exceptional circumstances, still be given protection from immediate arrest if his sudden incarceration by the State will plunge his personal affairs and family into crisis. In such “exceptional” cases, Chief Justice Ramana observed that courts had the power to allow an accused, while dismissing his anticipatory bail plea, …

Explained: What is Bail and Types of Bail in India
3 years, 10 months ago

Explained: What is Bail and Types of Bail in India

News 18  

What is bail & types of bails in India? If any person has reason to believe that he/she may be arrested for non-bailable offence, he/she may apply to Sessions court or High court for anticipatory bail praying that in the event of arrest, he/she shall be released on bail.. Q. At the time of granting anticipatory bail the Court imposes …

Irrational And Indiscriminate Arrests Are Gross Violation Of Human Rights, Arrest Should Be The Last Option For The Police: Allahabad High Court
4 years, 2 months ago

Irrational And Indiscriminate Arrests Are Gross Violation Of Human Rights, Arrest Should Be The Last Option For The Police: Allahabad High Court

Live Law  

The Allahabad High Court on Wednesday observed that after the lodging of FIR, the arrest can be made by the police at will and that there is no definite period fixed for the police to arrest an accused against whom an FIR has been lodged. The matter before the Court The Bench was hearing an anticipatory bail plea filed on …

No Bar On Filing Anticipatory Bail Applications In Triple Talaq Cases; But Should Plead Reasons For Not Approaching Magistrate: Kerala HC [Read Judgment]
4 years, 7 months ago

No Bar On Filing Anticipatory Bail Applications In Triple Talaq Cases; But Should Plead Reasons For Not Approaching Magistrate: Kerala HC [Read Judgment]

Live Law  

The Kerala High Court has held that Anticipatory Bail application under Section 438 Cr.P.C. The Court issued the following guidelines in the matter of consideration of bail application under Section 7 If an accused in a case registered under the provisions of the Act, 2019 filed a Bail Application before the Magistrate under Section 7, his personal presence before the …

Application For Anticipatory Bail Is Maintainable Even After An Accused Is Declared "Absconder": Madhya Pradesh HC [Read Judgment]
4 years, 10 months ago

Application For Anticipatory Bail Is Maintainable Even After An Accused Is Declared "Absconder": Madhya Pradesh HC [Read Judgment]

Live Law  

"No bar can exist against a person seeking anticipatory bail." The Gwalior Bench of the Madhya Pradesh High Court on Tuesday observed that declaration of an accused as an "absconder" under Section 82 of CrPC does not preclude him from filing an application for seeking anticipatory bail. Reliance was placed on Lavesh v. State, 8 SCC 73, whereby the Apex …

Custodial Interrogation Of Applicant Is Necessary; Sessions Court Rejects Gautam Navlakha's Anticipatory Bail Application [Read Order]
5 years, 4 months ago

Custodial Interrogation Of Applicant Is Necessary; Sessions Court Rejects Gautam Navlakha's Anticipatory Bail Application [Read Order]

Live Law  

SR Navander, Additional Sessions Judge, Pune on Tuesday rejected journalist Gautam Navlakha's anticipatory bail application and noted that custodial interrogation of the applicant is necessary as the police has been trying to arrest Navlakha since 2018. Court said- "The investigating machinery is making efforts to arrest the applicant for custodial interrogation since August 2018. In view of the above observations, …

Court Can Peruse Case Diary And Materials Collected During Investigation While Considering Bail Applications : SC [Read Judgment]
5 years, 6 months ago

Court Can Peruse Case Diary And Materials Collected During Investigation While Considering Bail Applications : SC [Read Judgment]

Live Law  

In its judgment dismissing the plea of pre-arrest bail sought by former Finance Minister P. Chidambaram, the Supreme Court has made some important observations vis-a-vis application of Prevention of Money-Laundering Act and the scope of power under Section 438 CrPC to grant anticipatory bail.Importantly, the bench held that the court can receive the materials/documents collected during. In its judgment dismissing …

Anticipatory Bail And Juveniles: An Ambiguous Tale
5 years, 9 months ago

Anticipatory Bail And Juveniles: An Ambiguous Tale

Live Law  

Law pertaining to grant of anticipatory bail to juveniles is in a state of flux in India and the absence of the Supreme Court ruling has only added to the ambiguity. Recently, Madhya Pradesh High Court has opined that a juvenile is not entitled to move an application under Section 438 of Criminal Procedure Code for anticipatory bail. As per …

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