( 1 ) THIS Special Bench has been constituted to answer the following common questions raised in all these pending applications:?whether an application for anticipatory bail under section 438 of the Code of Criminal Procedure is at all maintainable at post cognizance stage of a case instituted on police report or complaint after the Court issued process like warrant of arrest for production of a person of having committed a non-bailable offence??- this Special Bench was constituted. ?

( 2 ) IN all the present applications, a prayer was made for anticipatory bail either after filing of the charge-sheet or after issuance of warrant of arrest by the Court in a particular proceeding or after process was issued by the Court after taking cognizance in complaint cases.

( 3 ) SUCH a question came up for consideration before a Division Bench of this Court in Sk. Alim and Ors. v. The State of West Bengal reported in 1993 C Cr. LR (Cal) 137 in which Their Lordships, referring to a decision of five Judges Bench of the Apex Court in Gurbux Singh v. State of Punjab reported in AIR 1980 SC 1632 held, inter alia, that prayer for anticipatory bail cannot be disallowed on the ground o