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| YOGENDRA SINGH V/S STATE OF M.P. 2000(1) M.P.H.T. 409 An application for anticipatory bail in respect of accusation of a non bailable offence , by a person who was already released on bail or anticipatory bail in respect of accusation of that very non bailable offense, is not maintainable, when warrant of arrest is issued by a court against him as he defaulted in appearance while on bail or anticipatory bail. Such person may take steps under section 70 [2] of CR PC for recall or cancellation of warrant, or he may assail the order issuing warrant against him before the higher courts
DOCTOR PRADEEP SONI V/S STATE OF M. P.1990 J. L. J. 513 Bail petitions under section 438 or 439 can only be entertained by the sessions Judge or high court within whose jurisdiction the offense has been committed . The court within whose jurisdiction the accused resides, or apprehends his arrest has no jurisdiction to entertain the bail application
SURESH KUMAR V/S STATE OF MP 1999(1) J L J 84 Ban on an anticipatory bail created by section 18 of the act applies only when the prima facie commission of the offence is established
Section 438 speaks about a person having a reason to believe that he may be arrested there may be an accusation even before a case is registered by police . There is no limitation in the language employed by the Legislature indicating that the arrest is an arrest by the police of their own accord or the arrest by police on a warrant issued by the court, will not attract section 438 the language used is clear and unambiguous, namely apprehension of "arrest on an accusation".Therefore the person apprehending arrest under the warrant of magistrate may also apply under section 438 C R P C. |
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Copyright © 2001 rajeev bhatjiwale
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