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Tag: CrPC 438 – Anticipatory Bail

Priya Indoria Vs State of Karnataka and Ors on 20 Nov 2023

Posted on November 23, 2023 by ShadesOfKnife

A division bench of Supreme Court passed this Judgment around filing of anticipatory bail petition u/s 438 Cr.P.C.

From Paras 40-41, 44-47, (Regd grant of limited Anticipatory bail in HC/Sessions Court in accused’s local State, outside the State in which FIR is registered)

40. We are conscious that this may also lead the accused to choose the Court of his choice for seeking anticipatory bail. Forum shopping may become the order of the day as the accused would choose the most convenient Court for seeking anticipatory bail. This would also make the concept of territorial jurisdiction which is of importance under the CrPC pale into insignificance. Therefore, in order to avoid the abuse of the process of the Court as well as the law by the accused, it is necessary for the Court before which the plea for anticipatory bail is made, to ascertain the territorial connection or proximity between the accused and the territorial jurisdiction of the Court which is approached for seeking such a relief. Such a link with the territorial jurisdiction of the Court could be by way of place of residence or occupation/work/profession. By this, we imply that the accused cannot travel to any other State only for the purpose of seeking anticipatory bail. The reason as to why he is seeking such bail from a Court within whose territorial jurisdiction the FIR has not been filed must be made clear and explicit to such a Court. Also there must be a reason to believe or an imminent apprehension of arrest for a non-bailable offence made out by the accused for approaching the Court within whose territorial jurisdiction the FIR is not lodged or the inability to approach the Court where the FIR is lodged immediately.
41. Having regard to the vastness of our country and the length and breadth of it and bearing in mind the complex nature of life of the citizens, if an offence has been committed by a person in a particular State and if the FIR is filed in another State and the accused is a resident in a third State, bearing in mind access to justice, the accused who is residing in the third State or who is present there for a legitimate purpose should be enabled to seek the relief of limited anticipatory bail of transitory nature in the third State.
44. Further, on a reading of Section 438 of CrPC, we do not find that the expression “the High Court” or “the Court of Session” is restricted vis-à-vis the local limits or any particular territorial jurisdiction. However, this does not mean that if an FIR is lodged in one State then the accused can approach the Court in another State for seeking anticipatory bail. He can do so, if at the time of lodging of the FIR in any State, he is residing or is present there for a legitimate purpose in any other State. In fact, on a reading of Section 438 of CrPC, it does not emerge that the expression “the High Court” or “the Court of Session” must have reference only to the place or territorial jurisdiction within which the FIR is lodged. If that was the implication, the same would have been expressly evident in the Section itself or by a necessary implication. Further use of the word “the” before the words “High Court” and “Court of Session” also does not mean that only the High Court or the Court of Session, as the case may be, within whose jurisdiction the FIR is filed, is competent to exercise jurisdiction for the grant of transit anticipatory bail.
45. At the same time, we are also mindful of the fact that the accused cannot seek full-fledged anticipatory bail in a State where he is a resident when the FIR has been registered in a different State. However, in view of what we have discussed above, he would be entitled to seek a transit anticipatory bail from the Court of Session or High Court in the State where he is a resident which necessarily has to be of a limited duration so as to seek regular anticipatory bail from the Court of competent jurisdiction. The need for such a provision is to secure the liberty of the individual concerned. Since anticipatory bail as well as transit anticipatory bail are intrinsically linked to personal liberty under Article 21 of the Constitution of India and since we have extended the concept of access to justice to such a situation and bearing in mind Article 14 thereof it would be necessary to give a constitutional imprimatur to the evolving provision of transit anticipatory bail. Otherwise, in a deserving case, there is likelihood of denial of personal liberty as well as access to justice for, by the time the person concerned approaches the Court of competent jurisdiction to seek anticipatory bail, it may well be too late as he may be arrested. Needless to say, the Court granting transit anticipatory bail would obviously examine the degree and seriousness of the apprehension expressed by the person who seeks transit anticipatory bail; while the object underlying exercise of such jurisdiction is to thwart arbitrary police action and to protect personal liberty besides providing immediate access to justice though within a limited conspectus.
46. If a rejection of the plea for limited/transitory anticipatory bail is made solely with reference to the concept of territorial jurisdiction it would be adding a restriction to the exercise of powers under Section 438. This, in our view, would result in miscarriage and travesty of justice, aggravating the adversity of the accused who is apprehending arrest. It would also be against the principles of access to justice. We say so for the reason that an accused is presumed to be innocent until proven guilty beyond reasonable doubt and in accordance with law. In the circumstances, we hold that the Court of Session or the High Court, as the case may be, can exercise jurisdiction and entertain a plea for limited anticipatory bail even if the FIR has not been filed within its territorial jurisdiction and depending upon the facts and circumstances of the case, if the accused apprehending arrest makes out a case for grant of anticipatory bail but having regard to the fact that the FIR has not been registered within the territorial jurisdiction of the High Court or Court of Session, as the case may, at the least consider the case of the accused for grant of transit anticipatory bail which is an interim protection of limited duration till such accused approaches the competent Sessions Court or the High Court, as the case may be, for seeking full-fledged anticipatory bail.
47. There can also be a case where the accused is facing multiple FIRs for the same offence in several States. He may seek an interim protection from a particular Sessions Court or the High Court in a State. Does he have to move from State to State for the purpose of seeking anticipatory bail or seek multiple pre-arrest bails? We would not attempt to give an answer to such a situation as the facts of the present case do not involve such a situation.

From Para 48, (Regd diluting the jurisdiction of Court to try the Sec 498a IPC cases, by going against many earlier judgments)

48. Another issue that calls for reiteration is, whether, the ordinary place of inquiry and trial would include the place where the complainant-wife resides after being separated from her husband. The position of law regarding the ordinary place of investigation and trial as per Section 177 of the CrPC, especially in matrimonial cases alleging cruelty and domestic violence, alleged by the wife, has advanced from the view held in the case of State of Bihar vs. Deokaran Nenshi, (1972) 2 SCC 890; Sujata Mukherjee (Smt.) vs. Prashant Kumar Mukherjee, (1997) 5 SCC 30; Y. Abraham Ajith vs. Inspector of Police, Chennai, (2004) 8 SCC 100, Ramesh vs. State of T.N. (2005) 3 SCC 507; Manish Ratan vs. State of M.P., (2007) 1 SCC 262 that if none of the ingredients constituting the offence can be said to have occurred within the local jurisdiction, that jurisdiction cannot be the ordinary place of investigation and trial of a matrimonial offence. A three judge Bench of this Court has however clarified in Rupali Devi vs. State of U.P., (2019) 5 SCC 384 (Rupali Devi) that adverse effects on mental health of the wife even while residing in her parental home on account of the acts committed in the matrimonial home would amount to commission of cruelty within the meaning of Section 498A at the parental home. It was held that the Courts at the place where the wife takes shelter after leaving or being driven away from the matrimonial home on account of acts of cruelty committed by the husband or his relatives, would, depending on the factual situation, also have jurisdiction to entertain a complaint alleging commission of offences under Section 498-A of the IPC.

Priya Indoria Vs State of Karnataka and Ors on 20 Nov 2023

Citations:

Other Sources:

 

Posted in Supreme Court of India Judgment or Order or Notification | Tagged 2-Judge (Division) Bench Decision CrPC 177 - Ordinary Place of Inquiry and Trial CrPC 438 - Anticipatory Bail Misinterpretation of Earlier Judgment or Settle Principle of Law or Per Incuriam Priya Indoria Vs State of Karnataka and Ors Reportable Judgement or Order | Leave a comment

Javed Ahmad Vs State of U.P. and Anr on 13 Feb 2023

Posted on April 13, 2023 by ShadesOfKnife

A single judge bench of Allahabad High Court held as follows,

It is true that filing of first information report (F.I.R.) is not a condition precedent to exercise the power under Section 438(1) Cr.P.C., as held in Gurbaksh Singh Sibbia Vs. State of Punjab,(1980) 2 SCC 565, but at the same time it is also to be kept in mind, as held in the aforesaid case by the Hon’ble Apex Court, that“when a person apprehends arrest and approaches a court for anticipatory bail, his apprehension (of arrest), has to be based onconcrete facts (and not vague or general allegations) relatable to a specific offence or particular offences. Applications for anticipatory bail should contain clear and essential facts relating to the offence, and why the applicant reasonably apprehends his or her arrest, as well as his version of the facts. These are important for the court which is considering the application, the extent and reasonableness of the threat or apprehension, its gravity or seriousness and the appropriateness of any condition that may have to be imposed. It is not a necessary condition that an application should be moved only after an FIR is filed; it can be moved earlier,so long as the facts are clear and there is reasonable basis for apprehending arrest.“

Then, What is ‘Reason to Believe‘?

The Hon’ble Apex Court in Adri Dharan Das Vs. State of West Bengal, (2005) 4 SCC 303 has emphasized over this requirement and held as under.
“Section 438 is a procedural provision which is concerned with the personal liberty of an individual who is entitled to plead innocence, since he is not on the date of application for exercise of power under Section 438 CrPC convicted for the offence in respect of which he seeks bail. The applicant must show that he has “reason to believe” that he may be arrested in a non-bailable offence. Use of the expression “reason to believe” shows that the belief that the applicant may be arrested must be founded on reasonable grounds. A belief can be said to be founded on reasonable grounds only if there is something tangible to go by on the basis of which it can be said that the applicant’s apprehension that he may be arrested is genuine. Mere “fear” is not “belief” for which reason it is not enough for the applicant to show that has some sort of vague apprehension that some one is going to make an accusation against him in pursuance of which he may be arrested. Grounds on which the belief on the applicant is based that he may be arrested in non-bailable offence must be capable of being examined. If an application is made to the High Court or the Court of Session, it is for the court concerned to decide whether a case has been made out of for granting of the relief sought. (Para 16)”
The aforesaid theory makes the legal position explicit that Section 438 (1) of Cr.P.C. applies not only at post FIR stage, but it does not require that the offence must have been registered. It is contemplated by this section that if a person is going to apply for anticipatory bail, he must have a reasonable belief that he may be arrested on accusation of having committed a non-bailable offence.

Javed Ahmad Vs State of U.P. and Anr on 13 Feb 2023
Posted in High Court of Allahabad Judgment or Order or Notification | Tagged 1-Judge Bench Decision CrPC 438 - Anticipatory Bail FIR is Not a Consition Precedent for Anticipatory Bail Javed Ahmad Vs State of U.P. and Anr | Leave a comment

Sanjay Vs The State (NCT of Delhi) and Anr on 20 Jun 2022

Posted on June 25, 2022 by ShadesOfKnife

A division bench of Apex Court held as follows:

We are of the considered view that in a matter involving personal liberty, the Court is expected to pass orders in one way or other taking into account the merits of the matter at the earliest. At any rate, posting an application for anticipatory bail after a couple of months cannot be appreciated.
We request the High Court to dispose of the application for anticipatory bail on its own merits and in accordance with law expeditiously, preferably within a period of three weeks after reopening of the Court. If the main application could not be disposed of, for any reason, within the stipulated time, relief sought for in the interlocutory application shall be considered on its own merits. Till such time, we grant interim protection from arrest to the petitioner herein.

Sanjay Vs The State (NCT of Delhi) and Anr on 20 Jun 2022
Posted in Supreme Court of India Judgment or Order or Notification | Tagged 2-Judge (Division) Bench Decision CrPC 438 - Anticipatory Bail Sanjay Vs The State (NCT of Delhi) and Anr | Leave a comment

Dr.S.Ariharan and Anr Vs Inspector of Police and Anr on 26 Nov 2019

Posted on April 6, 2022 by ShadesOfKnife

Justice G.R. Swaminathan held that Section 438 of Cr.PC is not the sole repository of the power to grant anticipatory bail. The High Courts are endowed with inherent powers (u/s 482 CrPC) to make such orders as to secure the ends of justice.

From Para 5,

5.The Union of India not wanting to take chances also filed Review Petition (Crl) No.228 of 2018. The same was disposed of vide judgment dated 01.10.2019 by a three Judges Bench. On a careful reading of the judgement dated 01.10.2019, one can note that the essence and soul of Dr.Subhash Kashinath Mahajan judgment has not only survived but remains intact.

From Para 11,

11.The outcome of the challenge can be one way or the other. Section 18 A of the Act can be upheld. Or it can be struck down. Even if its validity is upheld, the High Courts would still be entitled to grant anticipatory bail. The statute only excludes the applicability of Section 438 of Cr.PC. In the State of Uttar Pradesh, Section 438 of the Code has been deleted by the State amendment and the said deletion has been upheld in (1994) 3 SCC 569 (Kartar Singh vs. State of Punjab). But, that has not curtailed the extraordinary power of the High Court to entertain a plea of anticipatory bail and this power was held to be available in Hema Mishra vs. State of U.P. and Ors, (2014) 4 SCC 453).

From Para 12,

12. Section 438 of Cr.PC is not the sole repository of the power to grant anticipatory bail. The High Courts are endowed with inherent powers to make such orders as to secure the ends of justice. I hope I am not indulging in quibbling or hair-splitting when I say that neither Section 18 nor Section 18 A engraft a bar against grant of anticipatory bail. They are to the effect that the provision of Section 438 of the Code shall not apply to a case under the Atrocities Act. Even if Section 438 of Cr.PC is not available, Section 482 of Cr.PC can very much be invoked. Hence, I hold that this Court is very much possessed of the power to grant anticipatory bail even in cases arising under the Schedules Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989. The petitions can be filed under Article 226 of the Constitution of India or under Section 482 of Cr.PC.

Dr.S.Ariharan and Anr Vs Inspector of Police and Anr on 26 Nov 2019

Citations :

Other Sources :

https://indiankanoon.org/doc/186580740/

https://www.lawyerservices.in/Dr-S-Ariharan-and-Another-Versus-The-Inspector-of-Police-Thirumangalam-Madurai-District-Crime-No-of-2019-and-Another-2019-11-26

 

Posted in High Court of Madras Judgment or Order or Notification | Tagged 1-Judge Bench Decision CrPC 438 - Anticipatory Bail CrPC 438 - Anticipatory Bail Denied CrPC 438 - Anticipatory Bail in SC/ST Atrocities Act CrPC 438 - Anticipatory Bail Not Maintainable CrPC 482 - Quash CrPC 482 - Saving of inherent powers of High Court Dr.S.Ariharan and Anr Vs Inspector of Police and Anr Legal Procedure Explained - Interpretation of Statutes Reportable Judgement or Order | Leave a comment

Aparna Bhat and Ors Vs State of Madhya Pradesh and Anr on 18 Mar 2021

Posted on March 23, 2021 by ShadesOfKnife

A 2-judge bench of Supreme Court passed the following directions in regards to bail proceedings in sexual offences (only applicable to women survivors).

From Para 45 and 46,

44. Having regard to the foregoing discussion, it is hereby directed that henceforth:
(a) Bail conditions should not mandate, require or permit contact between the accused and the victim. Such conditions should seek to protect the complainant from any further harassment by the accused;
(b) Where circumstances exist for the court to believe that there might be a potential threat of harassment of the victim, or upon apprehension expressed, after calling for reports from the police, the nature of protection shall be separately considered and appropriate order made, in addition to a direction to the accused not to make any contact with the victim;
(c) In all cases where bail is granted, the complainant should immediately be informed that the accused has been granted bail and copy of the bail order made over to him/her within two days;
(d) Bail conditions and orders should avoid reflecting stereotypical or patriarchal notions about women and their place in society, and must strictly be in accordance with the requirements of the Cr. PC. In other words, discussion about the dress, behavior, or past “conduct” or “morals” of the prosecutrix, should not enter the verdict granting bail;
(e) The courts while adjudicating cases involving gender related crimes, should not suggest or entertain any notions (or encourage any steps) towards compromises between the prosecutrix and the accused to get married, suggest or mandate mediation between the accused and the survivor, or any form of compromise as it is beyond their powers and jurisdiction;
(f) Sensitivity should be displayed at all times by judges, who should ensure that there is no traumatization of the prosecutrix, during the proceedings, or anything said during the arguments, and
(g) Judges especially should not use any words, spoken or written, that would undermine or shake the confidence of the survivor in the fairness or impartiality of the court.
45. Further, courts should desist from expressing any stereotype opinion, in words spoken during proceedings, or in the course of a judicial order, to the effect that (i) women are physically weak and need protection; (ii) women are incapable of or cannot take decisions on their own; (iii) men are the “head” of the household and should take all the decisions relating to family; (iv) women should be submissive and obedient according to our culture; (v) “good” women are sexually chaste; (vi) motherhood is the duty and role of every woman, and assumptions to the effect that she wants to be a mother; (vii) women should be the ones in charge of their children, their upbringing and care; (viii) being alone at night or wearing certain clothes make women responsible for being attacked; (ix) a woman consuming alcohol, smoking, etc. may justify unwelcome advances by men or “has asked for it”; (x) women are emotional and often overreact or dramatize events, hence it is necessary to corroborate their testimony; (xi) testimonial evidence provided by women who are sexually active may be suspected when assessing “consent” in sexual offence cases; and (xii) lack of evidence of physical harm in sexual offence case leads to an inference of consent by the woman.

 

Aparna Bhat and Ors Vs State of Madhya Pradesh and Anr on 18 Mar 2021

 

Posted in Supreme Court of India Judgment or Order or Notification | Tagged 2-Judge (Division) Bench Decision Aparna Bhat and Ors Vs State of Madhya Pradesh and Anr CrPC 437 - When bail may be taken in case of Non-Bailable Offence CrPC 438 - Anticipatory Bail Issued or Recommended Guidelines or Directions or Protocols to be followed Legal Procedure Explained - Interpretation of Statutes Reportable Judgement or Order | Leave a comment

Satri Anitha Vs State of Andhra Pradesh

Posted on October 16, 2020 by ShadesOfKnife

This is a while-color crime from Kadapa, AP from 2017, wherein the accused went to Supreme Court for Anticipatory bail.

Satri Anitha Vs State of AP on 28 Sep 2020

Here is the AB dismissal order from AP High Court:

Satri Anitha Vs State of AP on 06 Aug 2020

Some news about these people:

https://www.newindianexpress.com/cities/vijayawada/2017/jul/11/couple-held-for-duping-people-with-easy-loans-1626616.html

https://timesofindia.indiatimes.com/city/vijayawada/man-woman-aide-held-for-gypping-loan-seekers/articleshow/59518402.cms

Posted in Supreme Court of India Judgment or Order or Notification | Tagged CrPC 438 - Anticipatory Bail Satri Anitha Vs State of Andhra Pradesh | Leave a comment

All Bail Judgments

Posted on August 9, 2020 by ShadesOfKnife

Here are all kinds of Bail matters, granted/denied, Regular/Anticipatory etc

  • Station Bail
  • Regular Bail Orders u/s 437
  • Anticipatory Bail Orders u/s 438 CrPC
  • Default or Statutory Bail u/s 167(2)
  • Transit Bail
  • NBW Judgments

 


Index to MASTER sitemap here.

Posted in Assorted Court Judgments or Orders or Notifications | Tagged Catena of Landmark Judgments Referred/Cited to CrPC 167 - Procedure when investigation cannot be completed in twenty-four hours CrPC 167(2) - Default or Statutory Bail CrPC 437 - When bail may be taken in case of Non-Bailable Offence CrPC 438 - Anticipatory Bail | Leave a comment

Ankit Bharti Vs State of U.P. and Anr on 02 March 2020

Posted on March 4, 2020 by ShadesOfKnife

A landmark judgment, where in Full-bench (5-Judge) of Allahabad High Court held that, Sessions Court and High Court have concurrent jurisdiction in matters of 438 CrPC (Anticipatory Bail) and that there is no rule that first option at Sessions Court ought to be exhausted before seeking audience at High Court, but can be done so under Special circumstances only.

Ankit Bharti Vs State of U.P. and Anr on 02 March 2020

Citations: [

Other Source links:


Reproduced in accordance with Section 52(q) of the Copyright Act 1957 (India) from main.sci.gov.in/judgments, judis.nic.in, lobis.nic.in, indiacode.nic.in and other Indian High Court and District Court Websites such as ecourts.gov.in

Posted in High Court of Allahabad Judgment or Order or Notification | Tagged Ankit Bharti Vs State of U.P. and Anr CrPC 438 - Anticipatory Bail CrPC 438 - Direction for grant of bail to person apprehending arrest CrPC 438 - High Court can be approached under Special Circumstances for AB Full-Bench Decision Landmark Case Legal Procedure Explained - Interpretation of Statutes Reportable Judgement or Order | Leave a comment

Sushila Aggarwal and Ors Vs State (NCT of Delhi) on 29 January 2020

Posted on January 29, 2020 by ShadesOfKnife

A wonderful pronouncement indeed, of a 5-eminent judge Constitutional bench which decided that once Anticipatory Bail is granted u/s 438 CrPC by either a Sessions Court or High Court, it does not have any time limit to it regarding it’s effect. Further, here it was held, No need to get a Regular Bail once AB is granted.

From now onwards, no need to covert Anticipatory Bail into a Regular Bail, upon closure of investigation by I.O. and filing of Charge sheet into a Trial Court.

Here is the Order passed.

Sushila Aggarwal and Ors Vs State (NCT of Delhi) on 29 January, 2020 Order

And the 133-page jewel of judgment, endorsing the view taken by my favorite Justice Shri Dalveer Bhandavi in Siddharam Satlingappa Mhetre is below.

From Para 69 of the judgment of Justice Ravindra Bhat (On page 112),

69. Therefore, this court holds that the view expressed in Salauddin Abdulsamad Shaikh, K.L. Verma, Nirmal Jeet Kaur, Satpal Singh, Adri Dharan Das, HDFC Bank, J.J. Manan and Naresh Kumar Yadav (supra) about the Court of Sessions, or the High Court, being obliged to grant anticipatory bail, for a limited duration, or to await the course of investigation, so as the “normal court” not being “bye passed” or that in certain kinds of serious offences, anticipatory bail should not be granted normally- including in economic offences, etc are not good law. The observations – which indicate that such time related or investigative event related conditions, should invariably be imposed at the time of grant of anticipatory bail are therefore, overruled. Similarly, the observations in Mhetre that “the courts should not impose restrictions on the ambit and scope of section 438 Cr.P.C. which are not envisaged by the Legislature. The court cannot rewrite the provision of the statute in the garb of interpreting it” is too wide and cannot be considered good law. It is one thing to say that as a matter of law, ordinarily special conditions (not mentioned in Section 438 (2) read with Section 437 (3) should not be imposed; it is an entirely different thing to say that in particular instances, having regard to the nature of the crime, the role of the accused, or some peculiar feature, special conditions should not be imposed. The judgment in Sibbia itself is an authority that such conditions can be imposed, but not in a routine or ordinary manner and that such conditions then become an inflexible “formula” which the courts would have to follow. Therefore, courts and can, use their discretion, having regard to the offence, the peculiar facts, the role of the offender, circumstances relating to him, his likelihood of subverting justice (or a fair investigation), likelihood of evading or fleeing justice- to impose special conditions. Imposing such conditions, would have to be on a case to case basis, and upon exercise of discretion by the court seized of the application under Section 438. In conclusion, it is held that imposing conditions such as those stated in Section 437 (2) while granting bail, are normal; equally, the condition that in the event of the police making out a case of a likely discovery under Section 27 of the Evidence Act, person released on bail shall be liable to be taken in police custody for facilitating the discovery. Other conditions, which are restrictive, are not mandatory; nor is there any invariable rule that they should necessarily be imposed or that the anticipatory bail order would be for a time duration, or be valid till the filing of the FIR, or the recording of any statement under Section 161, Cr. PC, etc. Other conditions may be imposed, if the facts of the case so warrant.

Sushila Aggarwal and Ors Vs State (NCT of Delhi) on 29 January, 2020 Judgement

Citations : [2020 SCC ONLINE SC 98], [2020 DLT SC 266 741]

Other Sources :

https://indiankanoon.org/doc/123660783/

https://www.indianemployees.com/judgments/details/sushila-aggarwal-and-others-versus-state-nct-of-delhi-and-another

https://www.indianemployees.com/judgments/details/sushila-aggarwal-and-others-versus-state-nct-of-delhi-and-another

5-judge bench holds no time limit could be fixed while granting anticipatory bail [Full report]


The life of this case is in detail available here.


Index of all Anticipatory Bail Matters is here and all Bail matters list is here.

Posted in Supreme Court of India Judgment or Order or Notification | Tagged Catena of Landmark Judgments Referred/Cited to CrPC 438 - Anticipatory Bail CrPC 438 - Direction for grant of bail to person apprehending arrest CrPC 438 - Valid Duration For Anticipatory Bail Landmark Case Legal Procedure Explained - Interpretation of Statutes Reportable Judgement or Order Sushila Aggarwal and Ors Vs State (NCT of Delhi) | Leave a comment

Anticipatory Bail Orders

Posted on May 19, 2018 by ShadesOfKnife

Anticipatory bail granted in cases filed under various IPC sections. The bare section is here.

Supreme Court of India

  1. Gurbaksh Singh Sibbia Etc Vs State Of Punjab on 9 April, 1980 [Landmark Judgment: AB valid until end of Trial; No FIR necessary for grant of AB]
  2. Arnesh Kumar Vs State of Bihar and Anr on 2 July 2014 [Landmark Judgment: No automatic arrest in all cases with punishment less than or up to 7 years]
  3. Siddharam Satlingappa Mhetre Vs State Of Maharashtra And Others on 2 December, 2010 [Landmark Judgment: AB valid until end of Trial]
  4. Bhadresh Bipinbhai Sheth Vs State of Gujarat and Anr on 1 Sep 2015 [Ground for grant of AB]
  5. Sushila Aggarwal and Ors Vs State (NCT of Delhi) on 15 May, 2018
    • Sushila Aggarwal and Ors Vs State (NCT of Delhi) on 29 January 2020 [Landmark Judgment: AB valid until end of Trial]
  6. Dr. Rajesh Pratap Giri Vs State of U.P. and Anr on 05 Mar 2021 [No need to go and obtain Regular Bail after filing of Charge sheet by IO, if Anticipatory Bail was granted earlier]
  7. Udho Thakur Vs State of Jharkhand on 29 Sep 2022 [No Payments when allowing Anticipatory Bail]
  8. Monirul Islam Vs The State of West Bengal on 01 Dec 2022 [AB cannot passed for a fixed time period]
  9. Bimla Tiwari Vs State of Bihar and Ors on 16 Jan 2023 [Criminal Proceedings cannot be converted into Recovery Proceedings]
  10. Kunal Choudhary Vs State of Jharkhand and Anr on 05 Dec 2023 [A condition to take wife to home is untenable while granting anticipatory bail]

 

 

Allahabad High Court

  1. Javed Ahmad Vs State of U.P. and Anr on 13 Feb 2023 [Relies on Gurbaksh Singh Sibbia; FIR is not a pre-condition to grant AB, but Reasonable Apprehension Of Being Arrested has to be explained]

 

Bombay High Court

  1. Chandra Kanjappa Kuchchikurwe Vs State Of Maharashtra & Anr. on 14 December, 2012

 

Kerala High Court

  1. Koshore Vs State of Kerala on 16 February, 2016
  2. Shelbin Vs State of Kerala on 16 February, 2018

 

District Courts

  1. In re:- Arnab Rao @ Arnad Roa

Index of all Bail matters is here.

Posted in File a Petition | Tagged Catena of Landmark Judgments Referred/Cited to Criminal Proceedings cannot be converted into Recovery Proceedings CrPC 438 - Anticipatory Bail Summary Post Work-In-Progress Article | Leave a comment

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గుర్తు తెలియని మహిళ నుంచి, వచ్చిన ఒక చిన్న ఈమెయిల్.. ముఖ్యమంత్రి నుంచి కలెక్టర్, ఎస్పీ వరకు నిమిషాల్లో స్పందించారు.. 48 గంటల్లో న్యాయం చేసారు..

ఆంధ్రప్రదేశ్ రాష్ట్రంలో, ప్రతి క్షణం, ప్రతి నిమిషం, ప్రతి గంటా, ఆడ బిడ్డలకు రక్షణగా నిలుస్తుంది కూటమి ప్రభుత్వం. మహిళలకు ఏ సమస్య…

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theskindoctor13 THE SKIN DOCTOR @theskindoctor13 ·
12 Jul

Man vs Wild : Bear Grylls’ daring expedition through the New Delhi Oceanic Trench.

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renuka_jetti RENUKA.JETTI.LL.B. @renuka_jetti ·
12 Jul

విద్యుత్ బిల్లులపై సీఎం చంద్రబాబు సంచలన నిర్ణయం.. #ChandrababuNaidu #TDP #KutamiGovt
#IdhiManchiPrabhutvam
#HOPEJETTI

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