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MOHD. FAIZ ALAM KHAN
Sandeep – Appellant
Versus
State of U. P. – Respondent
| Table of Content |
|---|
| 1. contested application for anticipatory bail. (Para 1 , 2) |
| 2. legal arguments regarding bail application status. (Para 3 , 4 , 5) |
| 3. supreme court guidelines on bail and custodial requirements. (Para 6 , 7 , 8 , 9 , 10 , 11 , 12) |
| 4. direction for bail application process moving forward. (Para 13 , 14 , 15) |
ORDER :
(Mohd. Faiz Alam Khan, J.)
(Criminal Misc. Application No.2 of 2022)
1. Heard Shri Ronak Chaturvedi, learned counsel for the applicants as well as learned A.G.A. for the State and perused the record.
2. The instant application has been moved by the applicants with the prayer that the Chief Judicial Magistrate, Bijnor be directed to properly dispose of the application of the applicants in terms of the judgment of this Court dated 05.04.2022 passed in Criminal Misc. Anticipatory Bail Application No. 2553 of 2022, whereby the anticipatory bail application of the applicants was disposed of in terms that the applicants may move an appropriate application before the trial court for releasing them on bail and if such application is moved within the stipulated period, the trial court shall pass appropriate order in the light of the law laid down by the Hon'ble Supreme C
Anticipatory bail petitions are maintainable for offences with a penalty of up to seven years, and jurisdictional courts must adjudicate these applications rather than merely disposing them without c....
The jurisdiction to grant anticipatory bail exists even after a non-bailable warrant is issued, emphasizing judicial discretion in such matters.
(1) Anticipatory bail – Once anticipatory bail is granted, it ordinarily continues without fixed expiry – Filing of charge-sheet, taking of cognizance, or issuance of summons does not terminate prote....
Anticipatory bail is an extraordinary remedy, granted sparingly in serious cases, and requires compliance with court conditions; failure to do so can lead to rejection of bail applications.
Anticipatory bail is an extraordinary remedy that must be justified by circumstances, balancing the rights of the accused against the interests of justice and effective investigation.
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