Under the Code of Criminal Procedure, Section 438, provides for Direction for grant of bail to person apprehending arrest. The learned counsel appearing on behalf of the petitioner has taken a stand that the entire dowry and jewellery has already been returned to her. However, the Supreme Court has held that it is necessary that anticipatory bail orders should be of a limited duration only and ordinarily on the expiry of that duration or extended duration the Court granting anticipatory bail should leave it to the regular Court to deal with the matter on the appreciation of evidence placed before it after the investigation has made progress or the charge-sheet is submitted. However we find that Andhra Pradesh, by Act 11 of 2003 w. Apart from these prosecution witnesses, who are member of the opposite branch of family of the applicant, there is a statement of Subhash Kore. Arrest may be necessitated, if the husband or other in-laws have given a grave beating to the wife endangering her life or where the wife has been subjected to repeated violence or there are any other circumstances of exceptional cruelty against the wife, where future recurrence of violence or cruelty seems likely, or for preventing the husband and his accused family members from trying to browbeat witnesses or to tamper with the course of justice, or for ensuring the presence of the husband or his accused family members at the trial, or for effective investigation. Where it appears that the person may be falsely implicated or where there are reasonable grounds for holding that a person accused of an offence is not likely to otherwise misuse his liberty.
In case the accused is released on his own bond such constructive control could still be exercised through the conditions of the bond secured from him. He should of course record his reason for making the said arrest as provided under section 41 1 b ii. Section 438 of the Code contemplates an application for anticipatory bail has to be filed either to High Court or to the Court of Session for a direction that in the event of his arrest he shall be released on bail. Further note that if rejection of application would directly imply arrest then the whole category of accused persons by and large would be tempted to stop using their legal option of attempting to arrest their own arrest. There are, first informantAwdhesh, Mangal, Sagar, Manju, Pradeep, and Karan Mudliyar. The guarantee that the applicant would be available to stand trial.
Where the accusations have been made only with the object of injuring or humiliating the applicant by arresting him or her. . Whenever charge is altered it becomes appealable order. Joshi it was mentioned that whilst the trial could be quashed in an application under section 482 Cr. The grounds on which the belief of the applicant is based that he may be arrested for a non-bailable offence, must be capable of being examined by the Court objectively. State of Punjab2 certain misgivings in regard to the concept and scope of the said provision still seem to prevail. Though Section 438 of the Code gives concurrent powers to High Court and Court of Session, it is normally to be presumed that the Court of Session would be first approached for the grant of anticipatory bail unless an adequate case for not approaching the said Court has been made out.
Therefore, it is his submission that relax standard should be applied for considering the present application. The grounds, on which the belief of the applicant is based that he may be arrested for a non-bailable offence, must be capable of being examined by the Court objectively. Singh is the team of advocates having office at Defence Colony, New Delhi. On the contrary, the investigating officer has filed the charghesheet under Section 299 of the Code of Criminal Procedure. Only in exceptional cases the court should use it where it appears to them that the applicant is falsely implicated or a frivolous accusation is leveled against him and there are reasonable grounds for holding that he is not likely to abscond or otherwise misuse the liberty of bail. Reasonable apprehension of tampering of the witness or apprehension of threat to the complainant. As a matter of fact, Mr.
Such belief may come to your mind if you learn about a criminal complaint made to the police by your wife, or by any threats made by her family against you and your family this second one should not always be taken seriously, but the first one should be. The case was ongoing since then. It is an order to release a person after his arrest. Be that as it may, it is the statement of learned Additional Public Prosecutor Shri Rao on the basis of the instruction from Police Inspector Shri Anchal Mudgal who is personally present in the Court that whenever the search was taken at the ordinary place of the residence of the applicant he was not found present there. There is no other legal recourse available to your cousin. The case of the prosecution has to be evaluated as a whole. Historically, the Code of Criminal Procedure, 1898 old Code did not contain specific provision corresponding to Section 438 of the present Code of 1973.
As I said, this is very rare case of anticipatory bail without fir. Your cousin has already been enlarged on bail even after his rearrest, 2. This Court appreciates the positive contributions and suggestions of all the aforesaid advocates and other State officials and that this pro bono litigation is being taken up in the right non-adversarial spirit, with the aim to ensure that wherever allegations are not very grave, in order to save families, and children and indeed the institution of marriage, an effort be first made for reconciling matrimonial disputes by mediation before steps can be taken for prosecuting offenders, if they are called for. If the petition for anticipatory bail has been rejected by the Sessions Court, the petitioner cannot approach the High Court asking for anticipatory bail on the same ground. It is exercised in case of an anticipated accusation of non-bailable offence.
The objective material must be capable of being examined by the Court. His submission is that there is a family fight between two branches and such type of incidents many a time occurred in lanes and bylanes of the city. Very careful evaluation of the entire available material against the accused. The court of Session or High Court can grant Anticipatory Bail after considering following factors: i. In innumerable cases wives hire their own lawyers to assist and reinforce the prosecution, and this lawyer will do his best to make the judge feel that you are good for nothing. The guidelines hereinabove have been spelt out by the Court because of the specific request of the officials and lawyers present to spell out the terms of the same, as guidance for the State government esp. Section 438 of the Code of Criminal Procedure empowers the High Court and the Court of session to grant anticipatory bail, i.
Anticipatory bail to some extent intrudes in the sphere of investigation of crime and the Court may be cautious and circumspect in exercising such power. Further, learned Additional Public Prosecutor in the reply has submitted the crime chart which shows that the applicant is facing the prosecution in 10 criminal cases registered at Police Stations Dhantoli, Ambazari, Jaripatka, Sitabuldi, and Bajaj Nagar. It has been held that when an anticipatory b. Anticipatory bail has to be granted in exceptional cases where it appears that a person might be falsely implicated or a frivolous case might be launched against him, or there are reasonable grounds for holding that a person accused of an offence is not likely to abscond, or otherwise misuse his liberty while on bail that such power is to be exercised. The bail was bound to be rejected in view of the gravity of offence as it is a prosecution for rape and that too of a minor.
The amended Section is more or less in line with the parameters laid down in Sibbia's case supra. When trial begins he will have to put his defence as per merit of the case. The notice to the husband and other family members should mention that in cases the husband or the family members of the aggrieved wife fail to appear on the date fixed or on future dates, as directed by the Mediation Centre or fail to comply with any condition that may be imposed by the police officer or Mediation Centre, steps shall be taken for arresting the accused. Actual case is as follows- Incident isn't of rape, rather sexual harrasment. No doubt true that no step was taken by the investigating officer under Section 82 of the Code of Criminal Procedure to declare the applicant as proclaimed offender.
As noted earlier, by the impugned order, the High Court has cancelled the anticipatory bail granted to the appellants, on the ground that the Sessions Judge had failed to apply his mind to certain vital circumstances viz. In their over enthusiasm and anxiety to seek conviction for maximum people, the parents of the deceased have been found to be making efforts for involving other relations which ultimately weaken the case of the prosecution even against the real accused as appears to have happened in the instant case. To Know More Click here: About Us: V. After arrest, the accused must seek his remedy under Section 437 or Section 439 of the Code, if he wants to be released on bail in respect of the offence or offences for which he is arrested. Public Grievances and others present rightly pointed out that a time frame must be laid down for concluding the mediation proceedings as when an aggrieved wife approaches the police for relief, because she has been subjected to cruelty. This provision applies to all non-bailable offences and is not confined to offences triable exclusively by the Court of Session. In that view of the matter, the presence of the applicant on the spot is firmly established for considering this application for anticipatory bail.