granted anticipatory bail, fleeing from justice; either reject the application forthwith or issue an interim order for the grant of anticipatory bail: Provided that, where ... grant anticipatory bail under sub-section (1), the Court shall indicate therein the date, on which the application for grant of anticipatory bail shall
otherwise misuse the liberty while on bail, therefore, there was
no justification to decline anticipatory bail to the appellant.
21. Mr. Bhushan also submitted that ... Court was justified in
declining the anticipatory bail to the appellant. He submitted
that the anticipatory bail ought to be granted in rarest of rare
bail” means “bail in anticipation of arrest”.
It is submitted that in the aforesaid decision, this Court has
further observed that the expression “anticipatory bail ... Balchand Jain
(supra), “anticipatory bail” means “bail in anticipation of
27
arrest”. As held by this Court, the expression “anticipatory
bail” is a misnomer inasmuch
Bail-Anticipatory Bail- Section 438 of the Code of
Criminal Procedure Code, 1973 (Act 2 of 1974), Scope of-
Judicial balancing of personal liberty ... distinction between an ordinary order of bail and
an order of anticipatory bail is that whereas the former is
granted after arrest and therefore means
arrest in connection with the aforesaid FIR, the
original accused filed anticipatory bail application before the learned trial
Court under Section ... file the
anticipatory bail application under Section 438 Cr.P.C. It is submitted
that even when the anticipatory bail application under Section
petition refusing to grant anticipatory bail.
9. The High Court dismissed the application refusing to grant
anticipatory bail to the appellant by holding that ... privilege of
anticipatory bail. In order to consider whether the appellant is to be granted
the privilege of anticipatory bail, it is necessary to consider
High Court, while rejecting the anticipatory bail application of the
present petitioners, allowed the anticipatory bail to 13 accused out of 15.
Being aggrieved ... bail. When an offence is registered against a person under the provisions
of the SC/ST Act, no Court shall entertain application for anticipatory
bail
obtaining
anticipatory bail. The High Court rejected the same
on the ground that though the previous application
3
for anticipatory bail was disposed ... anticipatory bail subject to certain
conditions.
8. For the foregoing reasons, the appeal succeeds.
The appellant is enlarged on anticipatory bail with
reference to Crime
Delhi in Bail Application No. 1479 of 2012
whereby learned single Judge of the High Court while granting anticipatory
bail to the appellant herein ... deposit, has failed to appreciate that the liberty for
grant of anticipatory bail under Section 438 of the Code cannot be used for
recovery
quashed.
(ii) There is no absolute bar against grant of anticipatory bail in cases
under the Atrocities Act if no prima facie case is made ... power to grant
anticipatory bail is conferred only on a Court of Session or the
High Court. Also, anticipatory bail cannot be granted
