Q. Whether the anticipatory bail granted can be limited in point of time? Ans. As decided in case of GURBAKSH SINGH SIBBIA AND OTHERS V STATE OF PUNJAB reported in 1980 (2) SCC 565, “operation of an order passed under…
Q. Whether anticipatory bail can be granted in regard to offences punishable with death or imprisonment for life? Ans: There cannot be hard and fast rule to grant or refuse anticipatory bail in regard to offences punishable with death or…
Q. Which are the main guiding principles to exercise discretion under Section-438 of the Cr.P.C.? Ans. It Is not proper to fix any formula to grant or refuse anticipatory bail as decided in case of SIDHHARAM SATLINGAPPA MEHTRE V STATE…
Q. Is it proper to fix any formula to grant or refuse anticipatory bail? Ans. In case of SIDHHARAM SATLINGAPPA MEHTRE V. STATE OF MAHARASHTRA – reported in 2011(1) GLH 11, Hon’ble Apex Court has held… “No inflexible guidelines or…
Q. What is meant by “anticipatory bail”? Ans.: The words “anticipatory bail” is not found in Section 438 of Cr.P.C but that is clearly the subject with which the section deals, in fact anticipatory bail is a misnomer. It is…
Q. Bail in non-bailable offences by a Judicial Magistrate. Discuss main consideration. Ans.: Sec. 437 of Cr.P.C. deals with grant of bail in a non-bailable offence. Unlike a bailable offence where bail is a matter of right (under S. 436…
Q. Whether an accused can straightway appear or surrender before Magistrate and furnish bail in case of bailable offences registered with police? Ans: According to Sec.436 (1) “when any person other than a person accused of a non-bailable offence is…
Q. Whether the ‘bail’ is right? Ans.: It is well settled principle that if a person accused of bailable offence is arrested by police without any warrant he has right to be released on bail, Section 436 of Cr.P.C is…
Q. “Bail or Jail” – Discuss the paramount consideration in this regard. Ans: There is no strait jacket formula or settled rules for the use of discretion but at the time of deciding the question of “bail or jail” in…
Q. Whether to grant or refuse bail is a matter of Judicial Discretion? Ans.: Unlike a bailable offence where bail is a matter of right under 5. 436 Cr.P.C., grant of bail in a non-bailable offence under S. 437 Cr.P.C.…