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1 - 10 of 10 (0.35 seconds)Gurbaksh Singh Sibbia Etc vs State Of Punjab on 9 April, 1980
It was held that the order granting anticipatory bail for limited
duration and thereafter directing the accused to surrender and apply before a
regular bail is contrary to the legislative intention and the judgment of the
Constitution Bench in the case of Gurbaksh Singh Sibbia and Others Vs.
State of Punjab (1980) 2 SCC 565 : (AIR 1980 SC 1632).
Aman Gaur vs State on 23 December, 2011
10. Similarly, reliance placed upon the case of Aman Gaur Vs. State in
bail application No. 700/2011, decided on 23rd December 2011 by this Court
was also misplaced. Taking note of the decisions of the Supreme Court it was
held that while exercising the discretion for grant of bail the court has to make
a prima facie view of the matter and judicially exercise that discretion rather
than doing critical analysis and judging the credibility of the witnesses. In any
case, that was a case of consideration of bail application at the stage of framing
of charges and not like the instant case which is on the verge of conclusion of
recording of prosecution witnesses.
State Of Kerala vs Raneef on 3 January, 2011
11. Similarly, reliance placed on the case of State of Kerala Vs. Raneef
AIR 2011 SC 340 is also misplaced. That was a case in which the trial was yet
to commence and there was no allegation that the respondent was one of the
assailants.
Section 34 in The Indian Penal Code, 1860 [Entire Act]
Siddharam Satlingappa Mhetre vs State Of Maharashtra And Ors on 2 December, 2010
8. The plea that he was already granted interim bail and did not abuse the
same and was so entitled to be released on bail, is also not tenable. Reliance
placed by the counsel in support of these contentions on the case of
Siddharam Satlingappa Mhetre Vs. State of Maharashtra and Ors., AIR
Bail Appln. 1009/2011 Page 4 of 9
2011 SC 312 is entirely misplaced. That was a case relating to anticipatory
bail wherein it was held that if after evaluating the averments and accusation
available on record if the court is inclined to grant anticipatory bail then an
interim bail be granted and notice be issued to the public prosecutor. After
hearing the public prosecutor the court may either reject the bail application or
confirm the initial order of granting bail. The court would certainly be entitled
to impose conditions for the grant of bail. The public prosecutor or
complainant would be at liberty to move the same court for cancellation or
modifying the conditions of bail any time if liberty granted by the court is
misused. The bail granted by the court should ordinarily be continued till the
trial of the case.
Section 302 in The Indian Penal Code, 1860 [Entire Act]
Section 437 in The Indian Penal Code, 1860 [Entire Act]
Section 439 in The Indian Penal Code, 1860 [Entire Act]
Section 120B in The Indian Penal Code, 1860 [Entire Act]
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