Factors and Parameters For Consideration In An Anticipatory Bail The Constitution Bench of Honourable Apex Court in the case of Gurbaksh Singh Sibbia and Others v. State of Punjab -(1980) 2 SCC 565 emphasized that provision of anticipatory bail enshrined in Section 438 of the Code is conceptualised under Article 21 of the Constitution which relates...
The Honourable Supreme Court while dealing with every minute aspect of Section 438 Cr.P.C read with Aricle 21 of the Constritution had concluded that GRANT OF BAIL FOR LIMITED PERIOD IS CONTRARY TO THE LEGISLATIVE INTENTION AND LAW DECLARED BY THE CONSTITUTION BENCH: While concluding the aforesaid it had observed the following in the matter of Siddharam...
In Siddharam Satlingappa Mhetre v. State of Maharashtra and Others-(2011) 1 SCC 694 , the Honourable Supreme Court dealt with anticipatory bail with a specific topic i.e SCOPE AND AMBIT OF ANTICIPATORY BAIL: 118. A good deal of misunderstanding with regard to the ambit and scope of section 438 Cr.P.C. could have been avoided in...
In Siddharam Satlingappa Mhetre v. State of Maharashtra and Others-(2011) 1 SCC 694 , the Honourable Supreme Court laid down the following 10 factors and parameters, under para 122, which can be taken into consideration while dealing with the anticipatory bail: i. The nature and gravity of the accusation and the exact role of the...
The extraordinary power of constitutional courts in directing CBI to conduct fresh investigation or further investigation , during criminal trial , in a case must be exercised sparingly, cautiously and in exceptional situations. It should be exercised when it is necessary to provide credibility and instil confidence in investigation or where incident may have national...
Second FIR Is not Permissible under Under Section173(8) CrPC, in the event of any further information being received by investigating agency in respect of the same offence or same occurrence, or, same transaction giving rise to one or more offences for which charge-sheet has already been filed by investigating agency. However, a recourse is available with investigating...
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