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BUDI HABUNG
Sanjit Kar S/o Shyama Pada Kar – Appellant
Versus
State Of AP represented through Public Prosecutor – Respondent
ORDER :
Heard Mr. N. Ray, learned counsel for the petitioner. Also heard Mr. T. Ete, learned Additional Public Prosecutor for the State respondent.
2. At the very outset, the learned Additional Public Prosecutor, raised objection against the filing of this bail application under section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 seeking pre arrest bail in the offence committed and registered before 01.07.2024. It is submitted that since the alleged offence was committed and the case was registered prior to the enforcement of the new BNSS, the petition ought to have been filed under section 438 of Cr.P.C and not under 482 of the BNSS,2023.
3. The cause title of this anticipatory bail read as under:
4. However, on perusal of available record, it appears that on receipt of the written FIR lodged by the informant on 02.12.2023, by the Officer-In-Charge, Police Station Namsai, District Namsai, Arunachal Pradesh; a case
The court established that pending matters under the CrPC, 1973, are preserved by the BNSS, 2023, while new incidents post-enactment must adhere to the BNSS.
The court ruled that bail applications filed after the BNSS's enforcement for FIRs registered before its enactment must comply with the BNSS provisions, emphasizing the retrospective application of p....
The savings clause in Section 531(2)(a) of the BNSS ensures that ongoing investigations initiated under the Cr.P.C. prior to the enactment of the BNSS are governed by the old law, thereby maintaining....
(1) Bharatiya Nagarik Suraksha Sanhita, 2023 – Section 531(2)(a) – Not only pending trial / appeal, but even an inquiry and/or investigation, which is underway prior to coming into force of BNSS, sha....
The repeal of the Code of Criminal Procedure, 1973, effective from 01.07.2024, mandates that all new petitions must be filed under the Bharatiya Nagarik Suraksha Sanhita, 2023.
The repeal of the Cr.P.C. led to the dismissal of petitions filed under it after the enactment of the Bharatiya Nagarik Suraksha Sanhita, 2023, emphasizing that future filings must comply with the ne....
Court affirmed closure of bail application post-investigation referral.
Pre-arrest bail application is maintainable even for newly added non-bailable offences against already bailed individuals under certain conditions.
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