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Anticipatory Bail

Prem Shankar Prasad v. State of Bihar

Penal Code, 1860 – the observations made by the High Court while granting the anticipatory bail to accused that the nature of accusation is arising out of a business transaction and therefore the accused is entitled to the anticipatory bail is concerned, the same cannot be accepted. JT 2021 (10) SC 410 : 2021 (12) SCALE 413

Dr. Sameer Narayanrao Paltewar v. State of Maharashtra, ICL 2021 (8) Bom. 773

Code of Criminal Procedure, 1973 – Section 438 (4) – What is the fate of an accused who is directed to remain present in the Sessions Court pursuant to a direction and his application for anticipatory bail is rejected ? Is he not exposed to immediate arrest, as the interim protection operating during pendency of the application vanishes with the dismissal of the application? Is he then not deprived of opportunity to move the High Court for grant of anticipatory bail by invoking the concurrent jurisdiction of the High Court under Section 438 of the Cr.P.C. ?

Amit Babubhai Makwana v. State of Gujarat

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Penal Code, 1860 – Ss. 376(2)(n), 366, 344, 323, 506(2) & 114 – Code of Criminal Procedure, 1973 – S. 438 – Anticipatory Bail – applicant has the intention to marry the complainant – no false promise was given by the applicant to the complainant to satisfy his lust – it is a specific case of the applicant that he has been falsely implicated in the FIR in question – applicant is serving in Army and posted at border – thus, the presence of the applicant would be secured during the course of the trial and as the applicant is serving at border, there is no apprehension that the applicant would tamper with the evidence – Application is allowed.Read More »Amit Babubhai Makwana v. State of Gujarat

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Anticipatory Bail – Absconder and not cooperated with investigation – should not be granted

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Anticipatory Bail – Whether the High Court is justified in granting anticipatory bail to the accused when the investigation is pending, particularly, when both the accused had been absconding all along and not cooperating with the investigation ? Held, where the accused has been declared as an absconder and has not cooperated with the investigation, he should not be granted anticipatory bail.Read More »Anticipatory Bail – Absconder and not cooperated with investigation – should not be granted

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Ravindra Saxena v. State of Rajasthan, Crl.A. No. 2406 of 2009 SC

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The Indian Penal Code, 1860 – Section 420, 467, 468, 120-B – The Code of Criminal Procedure, 1973 – Section 438 – Anticipatory Bail – Denial of anticipatory bail only on the ground that the challan has been presented would not satisfy the requirements of Sections 437 and 438 Cr.P.C.Read More »Ravindra Saxena v. State of Rajasthan, Crl.A. No. 2406 of 2009 SC

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