latest case law on anticipatory bail

Moreover, all the circumstances should be complete and there should be no gap left in the chain of evidence. Anticipatory Bail; Whether the Court can look into the legality of issuance of process u/s. There are many misconceptions floating around regarding Anticipatory Bail. v. State of Tamil Naidu (AIR 1991 SC 1463). No arrest should be made because it is lawful for the police officer to do so. The test of fairness and reasonableness is implicit under Article 21 of the Constitution of India. After completion of the investigation the accused came to be charged as aforesaid. (a) Section 438 does not contain unguided or  uncanalised power to pass an order for anticipatory bail; but such an order being of an exceptional type can only be passed if, apart  from the conditions mentioned in s. 437. there  is  a special case for passing the order. This flows from  the very language of the section which requires the appellant to show that he has "reason  to believe" that he may be arrested. A  Food Inspector raided the shop of the appellant, who was  a merchant dealing in kiryana goods and  kerosene  oil etc.,  and  seized his account books. 15. Supreme Court: In a significant ruling, a 5-judge bench of Arun Mishra, Indira Banerjee, Vineet Saran, MR Shah, and Ravindra Bhat, JJ has unanimously ruled that the protection granted to a person under Section 438 Cr.PC should not invariably be limited to a fixed period; it should inure in favour of the accused without any restriction on time.

When the mother of deceased came back, her mother told her that the deceased had gone to. So it must be delivered by the judges with due care and deliberation. The possession of high status, according to  the Full Bench, is  not only  an  irrelevant consideration for  granting anticipatory  bail, but  is,  if anything, an  aggravating circumstance. 1943 Bom 82,  and Saligram Singh & Ors. Student Notes - IPC - Criminal Breach of Trust, Student Notes - IPC - Dowry Death - Important Cases, Student Notes - IPC - Criminal Misappropriation - Landmark Cases. Required fields are marked *. The punishment to be awarded for a crime must not be irrelevant but it should conform to and be consistent with the atrocity and brutality with which the crime has been perpetrated. At about 10.55 p.m., the minor child expired. The Court cannot rewrite the provision of the statute in the garb of interpreting it. Hence the present appeal. Missing BloombergQuint's WhatsApp service? Material facts, leading to the filing of these appeals, are as follows: The deceased-Laxmi got married to appellant No.3 on 26th January, 2006. His case was that in fact at the relevant point of time he was not present in the village and has gone to his daughter's house, then to his sister's house. No two cases are alike on  facts and  therefore, Courts have to be allowed a, Little free  play in the  joints if the  conferment  of discretionary power  is to  be meaningful. On 18th December, 2007, after hearing both sides and upon taking into consideration the said two dying declarations made by the deceased - Laxmi, statements of the complainant and witnesses and after perusing the case diary, the learned Sessions Judge confirmed the anticipatory bail granted to the appellants. Life is never static and every situation has to be assessed  in the  context of emerging concerns as and when  it arises. murder by hired assassin for money or reward; or cold-blooded murder for gains of a person vis-`-vis whom the murderer is in a dominating position or in a position of trust; or murder is committed in the course for betrayal of the motherland. Circumstances may broadly justify the grant of bail in such cases too, though of course, the Court is free to refuse anticipatory bail in any case if there is material before it justifying such refusal. An order under Section 438 is a device to secure the individual's liberty; it is neither a passport to the commission of crimes nor a shield against any and all kinds of accusations likely or unlikely.

Under Indian criminal law, there is a provision for anticipatory bail under Section 438(1) of the Criminal Procedure Code.Law Commission of India in its 41st report recommended to incorporate this provision in procedure code. [194-F; 197-A-B] Salauddin Abdulsamad Shaikh v. State of Maharashtra, AIR (1996) SC 1042 and Niranjan Singh and Anr. Inter alia, observing that the evidence, which directly involved the appellants, had been ignored, rendering the order passed by the Sessions Judge perverse, as noted above, the High Court has set aside the said order. [65F-G]. An order of anticipatory bail should not be “blanket” in the sense that it cannot operate in respect of a future incident that involves commission of an offence.

A person who has yet to lose his freedom  by being arrested asks for freedom in the event  of arrest. The Kerala High Court has granted anticipatory bail to a Christian preacher in a hate speech case. While granting anticipatory bail, the Sessions Court or High Court can impose the conditions laid down in sub-section (2). Mere “fear” is not  belief, for which reason, it is not enough for the  applicant to show that he has some sort of vague  apprehension that some one is going to make an  accusation against him, in pursuance of which he  may be arrested. From Bachan Singh 's case (supra) and Machhi Singh's case (supra) the principle culled out is that when the collective conscience of the community is so shocked, that it will expect the holders of the judicial power centre to inflict death penalty irrespective of their personal opinion as regards desirability or otherwise of retaining death penalty, the same can be awarded. Personal recognizance suretyship bonds  and such other modalities are the means by which an  assurance is secured from the accused that though he has been released on bail, he will present himself as the trial of  offence or offences of which he is charged and for which he was arrested. as aforesaid. A direction  under  section  438  is  intended  to confer conditional immunity  from this 'touch' or confinement. He was staying with his mother and sister near the house of Hemlata (hereinafter referred to as the `deceased'), a tiny girl who had not seen ten summers in life. [418 E-H, 419 A], A blanket order of anticipatory bail is bound to cause serious interference with both the right and the duty of the police in the matter of investigation because, regardless of what kind  of offence  is alleged  to have been committed by the applicant  and when,  an order of bail which comprehends allegedly unlawful  activity of any description whatsoever, will prevent the police from arresting the applicant even if the commits,  say, a  murder in the presence of the public. (4) When the crime is enormous in proportion. Ltd. and do not constitute legal advice. Thirdly, the  filing of  a First  Information Report is not a condition precedent to the exercise of the power under Section 438. [1953] S.C.R. Verma v. State and Anr., (1996) 7 SCALE 20; Nirmal Jeet Kaur v. State of M.P. Get - Indian Economy Quick Book (latest release) - and other Drishti books & magazines on Amazon! iv)   No blanket order of bail should be passed and the  Court which grants anticipatory bail must take care  to specify the offence or the offences in respect of  which alone the order will be effective. [199-A-B], 7. Above Village Hyper Market, Chandralyout Main Road, After arrest, the accused must seek his remedy under Section 437 or Section 439 of the Code, if he wants to be released on bail in respect of the offence or offences for which he is arrested. Rule 184 does not lay down a self-contained code for grant of bail. Normally a direction should not issue to the effect that the applicant shall be released on bail "whenever arrested for whichever offence whatsoever". The ends  of justice  will be better served by  trusting these  courts to  act objectively and in consonance with principles governing the grant of bail. 12. If there are any special circumstances necessitating a limit on the tenure of anticipatory bail, it is open for the court to do so. The Supreme Court of India. Therefore, even  if this Court were to frame a  'Code for  the grant  of anticipatory bail', which really is  the business of the legislature, it can at best furnish broad  guidelines and cannot compel blind adherence. [405 B-D], Generalisations on matters which rest on discretion and the attempt  to discover  formulae of  universal application when facts  are bound  to differ from case to case frustrate the very  purpose of conferring discretion. The correctness of an order granting bail, can be considered by the appellate or superior court at the behest of the state or investigating agency, and set aside on the ground that the court granting it did not consider material facts or crucial circumstances. The grounds on which the belief of  the applicant is based that he may be arrested for a  non-bailable offence, must be capable of being  examined by the Court objectively. and Anr., [2004] 7 SCC 558 and Sunita Devi v. State of Bihar and Anr., Criminal Appeal arising out of SLP (Crl.)

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