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Showing contexts for: section 438 of criminal procedure code in Crmpm No.944/202 vs State Of H.P on 6 July, 2020Matching Fragments
CRMPM No.944 to 952 of 2020 ...16...
25.4 There is no justification for reading into Section 438 CrPC the limitations mentioned in Section 437 CrPC. The plentitude of Section 438 .
must be given its full play. There is no requirement that the accused must make out a "special case" for the exercise of the power to grant anticipatory bail. This virtually, reduces the salutary power conferred by Section 438 CrPC to a dead letter. A person seeking anticipatory bail is still a free man entitled to the presumption of innocence. He is willing to submit to restraints and conditions on his freedom, by the acceptance of conditions which the court may deem fit to impose, in consideration of the assurance that if arrested, he shall be enlarged on bail.
51. It is also a fact that five persons, who were arrested by the police as accused, have been remanded by the Magistrate for police custody for custodial interrogation.
52. As held by the Apex Court, there is difference of factors, parameters and points to be considered at the time of adjudicating bail applications under Sections 438, 439 as well as 437 Cr.P.C. Person may be entitled for bail under Sections 437 and 439 Cr.P.C., in a given case, but may not be entitled for anticipatory bail under Section 438 Cr.P.C., various reasons, including those discussed supra.
construe it and also from record it cannot be said that no incident had taken place at all. Occurrence of the incident .
as well as impact thereof on the society is clearly evident from the status report as well as minutes of meeting held by SDM and also CCTV footages relied and produced by parties.
54. I am of the opinion that provisions of Section 438 Cr.P.C. providing anticipatory bail are not available for the petitioners, r except Khalid, in given facts and circumstances of the present case. They may be entitled for regular bail under Section 437 and/or 439 Cr.P.C. but not anticipatory bail. Their custodial interrogation appears to be necessary.
Section 438 Cr.P.C., but they have liberty as well as right to file application(s) under Section 437 or 439 Cr.P.C., as the .
case may be, if advised so for grant of bail and such application(s) are to be and must be decided by the Courts on the basis of principles, factors and parameters, applicable for deciding those application(s) without being uninfluenced by observations made in present petitions, which have been made for dealing with anticipatory bail applications preferred under Section 438 Cr.P.C.