Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Code of Criminal Procedure 1973:s.438 |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Disposed Off |
Headnote | Code of Criminal Procedure, 1973:s.438 - Protection under - Held: Is for limited duration during which regular Court has to be moved for bail - Applicant has to show that he has 'reason to believe' that he may be arrested in non-bailable offence - Belief has to be founded on reasonable grounds only if there is something tangible to show that his apprehension that he may be arrested is genuine - Direction that applicant be released on bail "whenever arrested for whichever offence whatsoever" should not be issued as it would serve as blanket to protect any and every kind of allegedly unlawful activity - On facts, High Court wrongly noted that accused persons were not named in FIR and granted protection under s.438 - Hence, order of High Court not sustainable - Bail Anticipatory bail.ss.438 and 439 - Distinction between - Discussed.ss.207 and 208 - Object of - Held: Is to enable accused to defend himself properly.Case diary - Informant and accused, at hearing of bail applications referring to portions of case diary in support of their stand - Held: Legally they could not have access to these official records - Hence, courts to take serious note of the same.Words and phrases:'reason to believe' - Connotation of - In the context of s. 438 of Code of Criminal Procedure, 1973.The present appeal is filed by the informant challenging the order of High Court allowing the prayer of respondent nos. 1, 2 and 3 for seeking protection in terms of s.438 Cr.P.C. on the ground that while allowing so, the High Court had not kept in view the parameter for granting such protection; that the High Court had preempted the framing of charges and also had wrongly noted that accused persons were not named in the FIR. |
Judge | Hon'ble Dr. Justice Arijit Pasayat |
Neutral Citation | 2007 INSC 1097 |
Petitioner | Naresh Kumar Yadav |
Respondent | Ravindra Kumar And Ors. |
SCR | [2007] 11 S.C.R. 615 |
Judgement Date | 2007-10-23 |
Case Number | 1462 |
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