Contact us   Feedback   Annual Subscription   New User   Login      
Tax Management India .com
TMI - Tax Management India. Com
Extracts
Home List
← Previous Next →

PRINCIPLES FOR GRANT OF ANTICIPATORY BAIL

Other Topics - By: - Mr. M. GOVINDARAJAN - Dated:- 17-2-2016 - In its 41st report, the Law Committee recommended to include the procedure for giving anticipatory bail in criminal law. Accordingly Section 438 was included in Criminal Procedure Code, which deals with giving anticipatory bail by Court in anticipation of arrest on accusation of having committed a non bailable offence. The opposite party is required to be given notice by the Court on receipt of anticipatory bail. The opposite party c .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

ts of the case so as to dissuade him from disclosing such facts to the court or to any police officer; A condition that the person shall not leave India without the previous permission of the court. Appeal may be filed against the rejection of anticipatory bail. The Court may cancel the bail issued on the circumstances of case. There is much litigation on the grant of anticipatory bail. The Supreme Court in Bhardresh Bibinbhai Sheth V. State of Gujarat and other - 2016 (2) TMI 416 - SUPREME COUR .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

ith law. If the connivance between the complainant and the investigating officer is established then action be taken against the investigating officer in accordance with law; The gravity of charge and the exact role of the accused must be properly comprehended. Before arrest, the arresting Officer must record the valid reasons which have led to the arrest of the accused in the case diary. In exceptional cases, the reasons could be recorded immediately after the arrest, so that while dealing with .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

and is not likely to abscond, in that event, custodial interrogation should be avoided. A great ignominy, humiliation and disgrace is attached to arrest. Arrest leads to many serious consequences not only for the accused but for the entire family and at times for the entire community. Most people do not make any distinction between arrest at a pre-conviction stage or post-conviction stage; There is no justification for reading into Section 438 of CrPC the limitations mentioned in Section 437 CrP .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

m fit to impose, in consideration of the assurance that if arrested, he shall be enlarged on bail; The power of course of action on an application for anticipatory bail ought to be that after evaluating the averments and the accusations available on the 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 anticipatory bail application or confir .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

exercised either at the instance of the accused, the Public Prosecutor or by the complainant, on finding new material or circumstances at any point of time; In pursuance of the order of the Court of Session or the High Court, once the accused is released on anticipatory bail by the trial court, then it would be unreasonable to compel the accused to surrender before the trial court and again apply for regular bail; Discretion vested in the court in all matters should be exercised with care and ci .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

d situations of future cannot be clearly visualized for the grant or refusal of anticipatory bail. In consonance with legislative intention, the grant or refusal of anticipatory bail should necessarily depend on the facts and circumstances of the case; The Supreme Court further provides the factors and parameters that are needed to be taken for consideration while dealing with anticipatory bail as held in Siddharam Satlingappa Mhetre V. State of Maharashtra - 2010 (12) TMI 1085 - SUPREME COURT: .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

 

 

 

 

 



|| Home || Acts and Rules || Notifications || Circulars || Schedules || Tariff || Forms || Case Laws || Manuals ||

|| About us || Contact us || Disclaimer || Terms of Use || Privacy Policy || TMI Database || Members || Site Map ||

© Taxmanagementindia.com [A unit of MS Knowledge Processing Pvt. Ltd.] All rights reserved.

Go to Mobile Version