Back
IN THE HIGH COURT OF JHARKHAND AT RANCHI
ANIL KUMAR CHOUDHARY
Sanjeev Nayan Kumar, Son of Late Vijay Kumar Ambastha – Appellant
Versus
State of Jharkhand – Respondent
ORDER :
1. Heard the parties.
2. Apprehending his arrest, the petitioner has moved this Court for grant of privileges of anticipatory bail in connection with Complaint Case No.50 of 2001 registered under Section 420/465/467/469/471 of the Indian Penal Code.
3. This is the second journey of the petitioner for grant of privileges of anticipatory bail. The prayer for anticipatory bail of this petitioner, was earlier rejected by a Co-Ordinate Bench of this court vide order dated19.03.2008 passed in A.B.A. No.2222 of 2007.
4. Learned counsel for the petitioner submits that the petitioner thereafter approached the Hon’ble Supreme Court of India and the Hon’ble Supreme Court of India vide order dated 08.10.2010 passed in Special Leave Petition (Criminal) No.6758 of 2008, directed the petitioner to file a regular bail before the trial court within four weeks from 08.10.2010 and also directed that the petitioner’s application for regular bail shall be considered/decided by the trial court, uninfluenced by the disposal of the Special Leave Petition (Criminal) by the Hon’ble Supreme before the trial court; in terms of the order dated 08.10.2010 passed by the Hon’ble Supreme Court of India in the
Anticipatory bail cannot be granted when prior applications have been rejected on merit and there has been non-compliance with Supreme Court directives without any change in circumstances.
Points OF The Law : Perused first information report as well as the statement recorded by the prosecutrix under Section 164 Cr.P.C.
The power to grant regular bail includes the power to grant interim bail, particularly in view of Article 21 of the Constitution of India, and a person should not be compelled to go to jail if they c....
Anticipatory bail – Specious reason of change in circumstances cannot be invoked for successive anticipatory bail applications, once it is rejected by a speaking order and that too by same Judge.
Police has no power to arrest accused in a complaint case unless there is a non-bailable warrant issued by that Court along with summons – If Magistrate orders Police inquiry under Section 202 and as....
The court considered the prima facie case and the requirement of accused for custodial interrogation in granting anticipatory bail to the applicants, and referred to various judgments to support its ....
Anticipatory bail applications / bail applications – Such matters pertaining to personal liberty shall be taken up and decided at the earliest.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
