Searching Case Laws & Precedent on Legal Query!
Scanned Judgements…!
Searching Case Laws & Precedent on Legal Query!
Scanned Judgements…!
Remedy for the third person under Section 438 Cr.P.C. - Anticipatory Bail The primary remedy available to the third person who fears arrest in connection with the FIR is to apply for anticipatory bail under Section 438 of the Cr.P.C. ["2024 0 Supreme(Guj) 586"] ["2024 0 Supreme(Guj) 587"] ["2024 0 Supreme(Guj) 588"] ["MAIBAM TOMBA SINGH vs THE OFFICER-IN-CHARGE ANDRO PS - Manipur"]. This allows him to seek protection from arrest before actual detention occurs, especially when there is a reasonable apprehension of arrest based on specific facts or threats.
Legal Principles Governing Anticipatory Bail The courts have emphasized that anticipatory bail is a remedy for protecting personal liberty against frivolous or preventive arrests, and the application must be based on concrete facts indicating a genuine apprehension of arrest ["1988 0 Supreme(Raj) 18"]. The court may grant anticipatory bail if the applicant demonstrates a reasonable fear of arrest, potential tampering of witnesses, or threats, and not on vague or general allegations ["2024 0 Supreme(Guj) 587"].
Conditions and Limitations If bail is granted, courts often impose conditions such as furnishing surety, cooperation with investigations, and not evading arrest ["2021 0 Supreme(MP) 234"]. Moreover, if the person is subsequently arrested, he can apply for regular bail under Sections 437 or 439 Cr.P.C. ["2024 0 Supreme(Guj) 586"].
Additional Remedies and Precautions In some cases, courts have directed that if the person is arrested without warrant, they should be released on bail if prepared to give bail, and if not, they may be sent to observation homes or places of safety during investigation ["2023 0 Supreme(All) 528"] ["2023 0 Supreme(All) 1836"].
Special Considerations for Juveniles and Persons Named in FIR For minors or persons in conflict with law, procedures include sending them to observation homes or places of safety, and they cannot remain remedy-less until arrest ["2023 Supreme(Online)(ALL) 18316"] ["2024 Supreme(Online)(ORI) 940"] ["2023 Supreme(Online)(ORI) 15053"]. Courts have clarified that anticipatory bail is available even when FIR is registered against multiple persons, provided the applicant can demonstrate a genuine fear of arrest ["MAIBAM TOMBA SINGH vs THE OFFICER-IN-CHARGE ANDRO PS - Manipur"].
Analysis and Conclusion:The best remedy for the third person now apprehensive of arrest is to file an anticipatory bail application under Section 438 Cr.P.C., demonstrating concrete grounds for his fear of arrest. If granted, he will be protected from arrest pending investigation or trial. This remedy is supported by judicial principles that emphasize the protection of personal liberty and the need for a reasonable basis for such apprehension ["1988 0 Supreme(Raj) 18"]. If arrested later, he can seek regular bail under applicable provisions.
In the Indian criminal justice system, the registration of a (FIR) can set off a chain of events leading to arrests, investigations, and trials. Imagine this scenario: an FIR is registered against three persons for a . Two are arrested, interrogated, and then released on bail. Now, the third person lives in constant apprehension of arrest. What is the best remedy for this third accused?
This situation is common, especially in cases involving where police discretion plays a key role. While arrests are meant to ensure investigation cooperation, is a fundamental right under . This blog explores practical remedies, with a focus on under , drawing from judicial precedents and statutory provisions. Note: This is general information; consult a lawyer for advice tailored to your case.
An FIR marks the start of a criminal investigation for cognizable offenses, empowering police to arrest without a warrant in many cases (). However, arrests aren't automatic. Courts have emphasized safeguards against arbitrary detention.
The police must seek an order from the Court for cancellation of bail granted to a person. Therefore, in such a case, generally there should no apprehension in the mind of the accused that he may be arrested or re-arrested again in the same F. I. R. Thus, no application under S. 438 Cr. ... The learned Single Judge, said as under:— ... "Once a person has been arrested on account of allegations in the first information report simply by adding a new se....
(3) When such person is not released on bail under sub-section (1) by the Board, it shall make an order sending him to an observation home or a place of safety, as the case may be, for such period during the pendency of the inquiry regarding the person, as may be specified in the ... Section 438 Cr.P.C. speaks of “apprehension of arrest.” Provided that such person shall not be so released if there appears reasonable grounds for be....
The provisions do not say that FIR can be registered if the offence is cognizable. ... (3) When such person is not released on bail under sub-section (1) by the Board, it shall make an order sending him to an observation home or a place of safety, as the case may be, for such period during ... (2) The State Government shall make rules consistent with this Act,— (i) to provide for persons through whom (including registered#HL_E....
These petitions have been filed by the petitioners under Section 438 Cr.P.C. seeking to enlarge them on bail in event of arrest in connection with the FIR No.18(3)2020 under Sections 188/269/307/325/326/427/34 IPC on the file of the Andro Police Station. 2. Heard Mr. L. ... The learned counsel next submitted that the FIR case has been registered against the petitioners and that they were granted pre-arrest bail on 16.06.2020. ... Accordingly, in the event the petition....
In course of trial, the prosecution filed an application under Section 319 of Cr.P.C. on 06.03.2023 to add the other FIR named accused persons including the petitioners as accused persons in the case basing on the testimony of P.Ws.1, 2 and 3. ... 1(1) Where any person has reason to believe that he may be arrested on accusation of having committed a non-bailable offence, he may apply to the High Court or the Court of Session for a direction under this section....
(2) A High Court or Court of Session may direct that any person who has been released on bail under this Chapter be arrested and commit him to custody.” ... (5) Any court which has released a person on bail under subsection (1) or sub-section (2), may, if it considers it necessary so to do, direct that such person be arrested and commit him to custody. ... (iv) A juvenile or a child in conflict....
Basing on such FIR, Bansada P.S. Case No. 311 of 2022 was registered under Sections 379/34 of IPC followed by investigation. 3. ... (3) If such person is thereafter arrested without warrant by an officer in charge of a police station on such accusation, and is prepared either at the time of arrest or at any time while in the custody of such officer to give bail, he shall be released on bail; and if a Magistrate ... before a Board (3#HL_END....
(3) If such person is thereafter arrested without warrant by an officer in charge of a police station on such accusation, and is prepared either at the time of arrest or at any time while in the custody of such officer to give bail, he shall be released on bail; and if a Magistrate ... before a Board (3) When such person is not released on bail under sub-section (1) by the Board, it shall make an order sending him to an observation....
By way of the present petition under Section 438 of the Code of Criminal Procedure, 1973, the petitioner has prayed to release him on anticipatory bail in case of his arrest in connection with the FIR registered as C.R.No.I-11822004220560 of 2022 registered with Khergam Police Station. ... Direction for grant of bail to person apprehending arrest.—(1) Where any person has reason to believe that he may be arrested on accusation of ha....
(2) If such person forcibly resists the endeavour to arrest him, or attempts to evade the arrest, such police officer or other person may use all means necessary to effect the arrest. ... Arrest how made (1) In making an arrest the police officer or other person making the same shall actually touch or confine the body of the person to be arrested, unless there be a submission to....
(ii) Issue a writ order or direction in the nature of mandamus commanding the respondent no. 2 and 3 to arrest the accused persons in the present case."
The police has registered the FIR against the aforesaid accused persons and arrested them. Only Rebal Singh is absconding, rest of accused are in custody. Their bail applications have been rejected by the learned Sessions court looking to the gravity of the offence. Thereafter, his son Vikram, Kamal and Gulab took him to Gandhwani hospital, where his brother Mersingh was declared dead.
In this connection the sanction order is issued in the name of His Excellency the Hon’ble President of India is dated 07.12.2016. Initially the FIR was registered against unknown persons and thereafter on 27.10.2016 four persons were arrested arrayed as accused Nos.1 to 4. 5th accused person (Petitioner under this petition) was arrested 02.11.2016. Now that the investigation is by the National Investigating Agency and the Crime number is 124/2016 for the offences punishable u/S 302 r/w Sec. 34 of IPC besides Sec. 109, 120B, 150, 153A, 201 of IPC, Sec. 3 & 27 of the Arms Act....
It is stated that on 23.05.2017 at about 9.30 PM, the son of complainant by name Mohammed Junaid Ahmed was returning to his house at KHB Colony by car, by that time a marriage procession was moving on in the same street and people in the said procession did not give way to the car and quarrel started between the son of the complainant and Prashant Dange, Anil Beldar, Anil Dange and Pramila Dange attacked, and they assaulted his son with fists and kicked him by throwing him on the ground. 3. Insofar as the FIR, is registered against five persons and these petitioners are accused No.....
3. On the basis of apprehension of accused persons and recovery of counterfeit currency notes, FIR under Section 489-B/34 IPC was recorded and accused persons were arrested. After completion of investigation, charge sheet was filed in the Court.
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