Court directly in case the other co-accused's regular bail/anticipatory bail is rejected by the Court of Sessions and whether ... move an anticipatory bail application by the logic given above in Para 6 of this judgment; and
(iv) Whether such anticipatory bail applications which
grant of anticipatory bail to a specific period which would be illegal. It is argued that anticipatory bail under Section 438 Cr.P.C. cannot ... court concerned either to grant anticipatory bail or not, but the remedy of an anticipatory bail cannot be taken away for a juvenile
Bail-Anticipatory Bail- Section 438 of the Code of
Criminal Procedure Code, 1973 (Act 2 of 1974), Scope of-
Judicial balancing of personal liberty ... number of applications for
anticipatory bail will be as large, as, at any rate, the
adult populace. Anticipatory bail is a device to secure
arrest that the order granting
'anticipatory bail' becomes operative. Now,
this power of granting 'anticipatory bail' is
somewhat extraordinary in character ... anticipatory bail is
really a misnomer, because what the section contemplates is
not anticipatory bail, but merely an order releasing an
accused on bail
jurisdiction to grant anticipatory bail to such an accused person. The grant of bail under S. 438(1) by the High Court or the Court ... anticipatory bail granted by the High Court or the Court of Session. There may also be cases where anticipatory bail is granted under S. 438
anticipatory bail is entitled to such bail or not.
17. It was also held that duration of anticipatory bail under Section 438 of the Code ... anticipatory bail was in the initial stage of evolution as provision of anticipatory bail by way of Section 438 of the Code came
anticipatory bail? There is no much of difference between the Bail and Anticipatory bail. The only distinction between Bail and Anticipatory bail is that wheras ... entitled to file an application for anticipatory bail, because he is already on bail or anticipatory bail in respect of the accusation of non-bailable
does not exclude the provisions of anticipatory bail/pre-arrest bail
under Section 438 of Criminal Procedure Code. Moreover, he drew our
3
attention that ... provision for anticipatory bail in the 2015 Act
does not per se entitle a child to approach for anticipatory bail under 438
of the Code
same relate to
anticipatory bail.
"Since the introduction of the provision of anticipatory bail under
Section 438 , its scope has been under judicial scrutiny ... anticipatory bail without subjecting himself
before the Court where the anticipatory application is pending. In the
event of not granting any anticipatory bail
however, does not abrogate the provision of anticipatory bail/pre-arrest bail as
envisaged under Section 438 of Cr PC which remains untrammeled by such ... does not exclude the provision of anticipatory bail/pre-arrest
bail under Section 438 of CrPC by necessary implication. Noticeably, no
statutory law in India
