Section 438-Anticipatory bail-Jurisdiction of Sessions Court and High Court-Power of grant where warrant issued by Magistrate-Court empower to grant anticipatory bail.- The Court has the jurisdiction to grant anticipatory bail on being satisfied that the accused apprehends arrest in a non-bailable offence. It is difficult, therefore to appreciate the reasoning of the learned Additional Sessions Judge to the effect that the application for anticipatory bail is inconceivable because the applicant is liable to be arrested on the basis of the directions issued by the Magistrate rather than the police. This reasoning does not conform with the provisions of Section 438 of the Criminal Procedure Code.

       For Citation : (1998) Vol. 100(1) Bom LR 69 at p.76 : 1998 All MR (Cri) 1070 : 1998 Cri LJ 3969 : 1998(2) MH LJ 932