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1995 Supreme(MP) 603

A.S.TRIPATHI
NARAYANSINGH – Appellant
Versus
STATE OF M. P. – Respondent


Advocates Appeared:
Jai Prakash Sharma, Rakesh Saxena

A. S. TRIPATHI, J.

( 1 ) APPLICANT Narayansingh apprehends his arrest in Crime No. 3/95, registered for the offences u/ss. 147, 148 and 302/149 I. P. C. by P. S. Amayan, District Bhind.

( 2 ) PERUSED the FIR and other papers. Applicant is named in the FIR. He is said to have field his gun, but nobody was injured.

( 3 ) LEARNED counsel for the applicant prays that other co-accused have been bailed out earlier and the applicant did not apply for anticipatory bail earlier.

( 4 ) WITHOUT commenting on the evidence on record, in a serious crime under Section 302 I. P. C. , since applicant does not all in any of the categories of being a minor children, woman, old and infirm person, Government servant or any other person who is likely to be harassed if taken into police custody, therefore, I am not considering the prayer for anticipatory bail of the applicant at this stage.

( 5 ) THE self-imposed restrictions for grant of anticipatory bail under Section 438 Cr. P. C. are defined and elaborated by the Apex Court in the case of Gurubaksh Singh Sibbia v. State of Punjab, (1980) 2 SCC 565 : (1980 Cri LJ 1125 ). Delivering the judgement, the then Hon'ble Chief Justice of India Y. V. Chandrachu






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