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1 - 5 of 5 (0.34 seconds)Gurbaksh Singh Sibbia Etc vs State Of Punjab on 9 April, 1980
26) Considering all these aspects as discussed above and in
conspectus of the present case, we are of the view that the tests as
enumerated for grant of anticipatory bail in Gurbaksh Singh
Sibbia (supra) finds favour with the Appellant.
Maruti Nivrutti Navale vs State Of Maharashtra & Anr on 7 September, 2012
17) Learned Solicitor General has placed reliance on the case of
Maruti Nivrutti Navale (supra), in particular para 16, 17 and 18.
The State vs Captain Jagjit Singh on 14 September, 1961
“31. In regard to anticipatory bail, if the proposed
accusation appears to stem not from motives of furthering
the ends of justice but from some ulterior motive, the object
being to injure and humiliate the applicant by having him
arrested, a direction for the release of the applicant on bail
in the event of his arrest would generally be made. On the
other hand, if it appears likely, considering the antecedents
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of the applicant, that taking advantage of the order of
anticipatory bail he will flee from justice, such an order
would not be made. But the converse of these propositions
is not necessarily true. That is to say, it cannot be laid down
as an inexorable rule that anticipatory bail cannot be
granted unless the proposed accusation appears to be
actuated by mala fides; and, equally, that anticipatory bail
must be granted if there is no fear that the applicant will
abscond. There are several other considerations, too
numerous to enumerate, the combined effect of which must
weigh with the court while granting or rejecting anticipatory
bail. The nature and seriousness of the proposed charges,
the context of the events likely to lead to the making of the
charges, a reasonable possibility of the applicant's presence
not being secured at the trial, a reasonable apprehension
that witnesses will be tampered with and “the larger
interests of the public or the State” are some of the
considerations which the court has to keep in mind while
deciding an application for anticipatory bail. The relevance
of these considerations was pointed out in State v. Captain
Jagjit Singh [AIR 1962 SC 253 : (1962) 3 SCR 622 : (1962)
1 Cri LJ 216] , which, though, was a case under the old
Section 498 which corresponds to the present Section 439
of the Code. It is of paramount consideration to remember
that the freedom of the individual is as necessary for the
survival of the society as it is for the egoistic purposes of the
individual. A person seeking anticipatory bail is still a free
man entitled to the presumption of innocence. He is willing
to submit to restraints on his freedom, by the acceptance of
conditions which the court may think fit to impose, in
consideration of the assurance that if arrested, he shall be
enlarged on bail.”
Pradeep N.Sharma vs State Of Gujarat . on 13 August, 2014
16) In the recent judgment in the case of Pradip N. Sharma
(supra), this Court in para 18 has observed as under:
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