question as to whether an anticipatory bail could be granted when the person seeking anticipatory bail is alleged to have committed an offence of murder ... Code the Court had no power to grant anticipatory bail where the petitioner seeking anticipatory bail was likely to be arrested on a charge
approaching this
Court seeking bail. A co-ordinate Bech of this Court in an
application for anticipatory bail under Section 438 ... bail application by the Sessions Court the
persons/accused can still move the High Court for grant of
anticipatory bail under section 438
would still be permissible to prefer an application for anticipatory bail under Section 438 , Cr.P.C. within the parameters that we have had occasion ... total bar to the entertainment of an anticipatory bail application under Section 438 of the Code of Criminal Procedure in cases where the provisions
Code, which enables the Courts to grant anticipatory bail, reads thus :
"438. Direction for grant of bail to person apprehending arrest -
(1) When ... person thus pursued by the police of another State seek anticipatory bail under S. 438 in the High Court or the Court of Session within
detail considered the powers of the Court for granting anticipatory bail under S. 438 , Cr.P.C. In paragraph 18 of the judgment on page ... have influenced the Court in granting anticipatory bail and therefore the Supreme Court held that grant of anticipatory bail in favour of the accused
arrest that the order granting "anticipatory bail" becomes operative. Now, this power of granting `anticipatory bail' is somewhat extraordinary in character ... provisions of law regarding bail and especially anticipatory bail, it would reveal that an applicant who prays for release on bail in an anticipation
Whether the petitioners are entitled to the relief of anticipatory bail under section 438 or regular bail under section 439 , IPC ?
9. As Crime ... bail under section 437 of the Code or under section 439 of the Code and that the anticipatory bail granted under section 438
granted anticipatory
bail by imposing conditions. In another batch of case, on
15.04.2019, the Co-ordinate Bench of this Court has
granted anticipatory bail ... CGST Act, the
assessee has statutory right to seek anticipatory bail under
Section 438 of the Cr.P.C. At this juncture, it is relevant
granted the relief of anticipatory bail under S. 438, Cr.P.C.
2. Petitioner in Cr.P. No. 1424/90 had approached the Sessions Judge ... application for anticipatory bail.
3. Petitioner in Cr.P. No. 1490/91 had also sought the relief of anticipatory bail under S. 438
there is clear
bar for granting anticipatory bail. If the bail application is
rejected by the Special Court, the petitioners are required
to file ... granting anticipatory bail under
Section 438 of the Cr.P.C. He further stated that, the
complainant has obtained decree in his favour by filing
