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DECISION: The Supreme Court held that both the Court of Session and the High Court have concurrent jurisdiction to grant anticipatory bail. However, an application should not file.
DECISION: The Supreme Court held that both the Court of Session and the High Court have concurrent jurisdiction to grant anticipatory bail. However, an application should not file.
Over the years, the Supreme Court of India has delivered various landmark judgments that have shaped the scope and application of anticipatory bail in Indias criminal justice system.
Discretion for grant of bail to person apprehending arrest.(1) Where any person has reason to believe that he may be arrested on accusation of having committed a non-bailable offence, he may apply to.
Understanding the Context
On 7th April, 2025, taking note of the Petitioners participation in the extradition inquiry and his undertaking to cooperate with the proceedings, this Court directed that no coercive steps be taken.
By setting aside the High Court order, the Court reaffirmed that anticipatory bail is not available where the FIR itself discloses caste-based atrocity offences.
Bombay high court judgment on grant of Anticipatory bail to accused in offence under SC & ST (Atrocities Act) Concerning the applicability of provisions of Section 438 of Cr.P.C., it shall.
The Supreme Court has consistently emphasized that anticipatory bail is an essential facet of Article 21, meant to protect against wrongful arrest and harassment.
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Key Insights
In Hiral Chandrakant Jadhav v. State of Maharashtra (2024), the Bombay High Court rejected an anticipatory bail application by the accused, an advocate, for charges under Sections.
After analyzing the provisions barring the jurisdiction of the Criminal Court granting anticipatory bail under Section 438 of Cr.P.C., the Hon'ble Supreme Court in both cases has laid.
Anticipatory bail can only be granted by the Sessions Court or High Court under Section 438 CrPC/Section 482 BNSS, whereas regular bail can be granted by any court including the.
