Section 438 ought
not to be arrested at the stage of cognizance because of the
said prearrest bail order. It is submitted that ... order of prearrest bail/anticipatory bail, as and when he is
arrested he has to be released on bail. Otherwise, there is no
distinction
appellant makes out a prima facie case for refusing pre-arrest bail to the
appellant”. The learned Single Judge also held that “considering the
gravity ... court are the twin factors which weigh to deny the pre-arrest bail
to the appellant”. Being aggrieved, the appellant has preferred this appeal
Criminal Procedure (for short „ Cr.P.C .‟) for grant of
pre-arrest bail.
3. According to the prosecution case, the raiding police
party recovered ... commit any offence
under the Act, his application for grant of pre-arrest bail is
maintainable. He further contended that even otherwise
applications under Section
Dowry Prohibition Act, 1961, granted the concession of pre-arrest
bail to the respondents, subject to the offered payment.
3. The allegations had been that ... appears from the submissions made that earlier, the
respondents’ prayer for pre-arrest bail was declined by the Court
of Additional Sessions Judge-IV, Patna
different persons,
who are accused in different cases, for grant of pre-arrest bail in
terms of Section 438 of the Code of Criminal Procedure ... petitioner filed, under
Section 438 of the Code, for grant of pre-arrest bail holding the
same to be not maintainable and granted liberty
State. Hence, the petitioners
are not entitled to concession of pre-arrest bail under Section 438 of Cr.PC.
Reliance is placed upon the Supreme ... facts of the present case where the petitioners seek pre-
arrest bail. The conditions on which the pre-arrest bail can be granted have
been
NDPS Act (deemed
Sessions Court) competent to entertain the pre-arrest bail
petition under Section 438 CRPC?
Brother Debangshu Basak, J in his judgment opined ... NDPS Act, 1985 is
competent to entertain a pre-arrest bail petition under Section 438
CRPC. I fully subscribe to such view and concur with
Constitution of India in the present petition is for grant of
pre-arrest bail or pre-arrest protection/Anticipatory bail, thereby
the writ petition ... power of the High Court of
Allahabad pertaining to grant of pre-arrest bail in exercise of
extraordinary or inherent jurisdiction in the context
Code of Criminal Procedure for cancelling the pre-arrest bail granted to the respondent.
2. The facts necessary for the disposal of the case ... arrested on accusation of having committed a non-bailable offence. When such an application for pre-arrest bail is filed, the person who apprehends arrest
bail in the event of
arrest, basing on the circumstances of the case. But, the concept of pre-
arrest bail is developed by Judge made ... grant of bail after
arrest are also relevant in regard to grant of anticipatory bail.
Those considerations are, the court before granting bail in cases
