FIRST LAW

Criminal P.C. 1973 -  Ss. 437, 438 & 439 - Concept of Protective Umbrella against Arrest - O rder granting protection from arrest cannot be deemed as an order of anticipatory bail and such order cannot bypass the statutory requirements for ensuring the appearance of the accused persons before the investigating authority of trial Court.

The judgement of Dalveer Bhandari, J, in Siddharam Satlingappa Mhatre vs State of Maharashtra, (2011) 1 SCC 694 , speaking for himself and K. S. Radhakrishnan, J., which is regarded as a watershed decision in "anticipatory bail jurisprudence", sets out the following ten definitive tests, to guide courts while deciding applications for bail in apprehension of arrest, under Section 438 of the Cr.P.C.

Protection of Children from Sexual Offences Act, 2012 - S.29 -  Criminal Procedure Code, 1973 -  S.438 -  A nticipatory Bail - Presumption as to certain offences -  While considering the bail application the court has to taken into consideration the effect of the presumption envisaged under Section 29 of the Act.

Juvenile Justice (Care and Protection of Children) Act, 2015 -  Code of Criminal Procedure, 1973 -  Section 438 -  Held,  an application for anticipatory bail under Section 438 of the Code at the instance of a child in conflict with law is maintainable before the High Court or the Court of Session.

Penal Code, 1860 -  Ss. 341, 323, 342, 363 & 504 r/w. 34 -  Criminal Procedure Code, 1973 -  S. 438 - G rant of pre-arrest bail -  there must be an accusation against the person concerned of having committed non-bailable offences for which he has reason to believe of getting arrested - Only on such condition precedent, he may approach either the High Court or the Court of Session for a direction that he may be released on bail in the event of such arrest.

Criminal Procedure Code, 1973 - S. 438 - Anticipatory Bail - Referred the following questions for consideration by a larger Bench :-   (1) Whether the protection granted to a person under Section 438 CrPC should be limited to a fixed period so as to enable the person to surrender before the Trial Court and seek regular bail.  (2) Whether the life of an anticipatory bail should end at the time and stage when the accused is summoned by the court.

Penal Code, 1860 - Ss. 143, 147, 351 & 379 - Criminal Procedure Code, 1973 -  S. 438 - A nticipatory Bail - Theft of Vehicle - F inancier - H ire Purchase Agreement -  Section  379 IPC is not attracted because as per the agreement the f inancier  has got every right to take possession of the vehicle.

Code of Criminal Procedure, 1973 -  Section 438 -   Grant of Anticipatory Bail -  While considering the application under Section 438, the Court has to see the nature and gravity of the accusation and the antecedents of the applicant which includes whether he has been previously undergone imprisonment on conviction in respect of any cognizable offence, the possibility of the applicant fleeing from justice and whether the accusation has been made with an object of injuring or humiliating the applicant by having him so arrested. [Para 12]

The  Madhya Pradesh High Court  on Wednesday 4 April, 2018 in  Deepak Nagle v. State  granted anticipatory bail to a member of a  whatsapp  group who allegedly  indulged in circulation of messages containing material which may outrage the religious feeling of non-SC/ST community.

Prevention of Corruption - NHRM Scam - Anticipatory Bail - Uttar Pradesh. Kamlesh Singh @ Kamlesh Kumar v. State of U.P, 2015 (12) Scale 651 [04/11/2015] 

Criminal P.C. 1973 - Ss. 438 & 439 - In any case, the protection under Section 438, Cr.P.C. is available to the accused only till the court summons the accused based on the charge sheet (report under Section 173(2), Cr.P.C.). On such appearance, the accused has to seek regular bail under Section 439 Cr.P.C. and that application has to be considered by the court on its own merits. Merely because an accused was under the protection of anticipatory bail granted under Section 438 Cr.P.C. that does not mean that he is automatically entitled to regular bail under Section 439 Cr.P.C. The satisfaction of the court for granting protection under Section 438 Cr.P.C. is different from the one under Section 439 Cr.P.C. while considering regular bail.

Anticipatory Bail - Denial of protection under Section 438 Cr.P.C. by the High Court. - Investigation is in progress and the same is yet to be completed - bail granted - Accused shall cooperate with the investigation.

Code of Criminal Procedure, 1973 -  Section 438 - N ature of conditions which may be imposed while granting anticipatory bail.