Sector-8 Faridabad, India 09717007044 ADVDPJINDAL@GMAIL.COM 9.30 A.M to 5.30 P.M. Weekdays 9.30 A.M. to 2.00 P.M. Weekends

Anticipatory Bail

[ Constitutional Bench ]
Shri Gurbaksh Singh Sibbia v/s State of Punjab 1980 (2) SCC 565 : 1980 CriXJ. 1125 : 1980 AIR (SO 1632
• Cr.P.C, 1973, Sec 438 — Anticipatory Bail — Grant of
— After filing of Charge sheet — If a parson has not been arrested although an FIR or Charge sheet has been filed, he may be granted anticipatory bail if the circumstances so permit
• Cr.P.G, 1973, Sec 438 — Anticipatory Bail Order — Limitation of — Court may limit operation of order to a short period but normal rule is not to limit the operation of order.
• Anticipatory Bail — Notice to public prosecutor — Is mandatory.
• The applicant must; show that he has “reason to believe” that he may be arrested for a non-bailable offence — Mere ‘fear’ is not ‘belief
• Anticipatory Bail — Status of accused — Consideration of — No presumption that poor shall flee from justice
— No presumption that accused wilt flee from justice — A person seeking anticipatory bail is entitled to bail on conditions to this effect

Categories: crpcTags: ,

Leave a Reply

Fill in your details below or click an icon to log in: Logo

You are commenting using your account. Log Out /  Change )

Google photo

You are commenting using your Google account. Log Out /  Change )

Twitter picture

You are commenting using your Twitter account. Log Out /  Change )

Facebook photo

You are commenting using your Facebook account. Log Out /  Change )

Connecting to %s

This site uses Akismet to reduce spam. Learn how your comment data is processed.

%d bloggers like this: