1. Ashish Naithani VS State Govt. of NCT Delhi - 17 Sep 21

Point of Law : Inducement to customers - Bail granted - Admittedly, there is no allegation/proof of siphoning off of funds against him and as alleged he was not a signatory of bank account of company, maintained with Bank of Baroda from where diversion of funds is alleged.

was granted for an offence under Section 409 IPC, and also considering accused is in custody since 09.11.2019, for almost two years ... - Allegations are the petitioner was inducted as a director in company since 02.07.2012 to the extent of 86% share holdings and ... also director in company since 26.07.2021 to extent of 36% share holding - Grievance of complainants are they had invested in the ... off the funds, yet was granted regular bail by the Court. ... been granted anticipatory bail by learned Trial Court per order dated 05.04.2021; accused Manmohan Bansal and Jayesh Sharma have ... It is argued accused Brij Bhushan Gupta has already been granted bail and Manmohan Bansal was never arrested despite he being an

India - Delhi

2. Subhash Kashinath Mahajan VS State of Maharashtra - 20 Mar 18

There is no absolute bar against grant of anticipatory bail in cases under the Atrocities Act if no prima facie case is made out or where on judicial scrutiny the complaint is found to be prima facie mala fide. Arrest of a public servant can only be after approval of the appointing authority and of a non-public servant after approval by the S.S.P. which may be granted in appropriate cases if considered necessary for reasons recorded. Such reasons must be scrutinized by the Magistrate for permitting further detention.A preliminary enquiry may be conducted by the DSP concerned to find out whether the allegations make out a case under the Atrocities Act and that the allegations are not frivolous or motivated.Any violation of direction (iii) and (iv) will be actionable by way of disciplinary action as well as contempt.

... The appellant, after he was granted anticipatory bail, applied to ... is excluded in case of prima facie commission of offence under the Act – In case of prima facie motivated and false allegations ... will not apply unless a prima facie case is made out as determined by the Court concerned. ... Thus, in genuine cases anticipatory bail can be granted. ... Application should be considered on the same day and if not the regular bail, then at the least interim bail should be granted in ... anticipatory bail in the same manner in which the anticipatory bail is granted in other cases punishable with similar sentence.

India - Supreme Court

3. Siddharam Satlingappa Mhetre VS State of Maharashtra - 02 Dec 10

1. Section 438 Cr.P.C. is an extraordinary provision where the accused who apprehends his/her arrest on accusation of having committed a non-bailable offence can be granted bail in anticipation of arrest. 2. In case of conflict, the High Court has to prefer the decision of a larger Bench to that of a smaller Bench. 3. As per the doctrine of ‘per incuriam’, any judgment which has been passed in ignorance of or without considering a statutory provision or a binding precedent is not good law and the same ought to be ignored. 4. The order granting anticipatory bail for a limited duration and thereafter directing the accused to surrender and apply before a regular bail is contrary to the legislative intention. 5. Once the anticipatory bail is granted then the protection should ordinarily be available till the end of the trial unless the interim protection by way of the grant of anticipatory bail is curtailed when the anticipatory bail granted by the court is cancelled by the court on finding fresh material or circumstances or on the ground of abuse of the indulgence by the accused. 6. No limitation has been envisaged by the Legislature under section 438 Cr.P.C. 7. Directing the accused to surrender to custody after the limited period amounts to deprivation of his personal liberty.

the grant of anticipatory bail is curtailed when the anticipatory bail granted by the court is cancelled by the court on finding ... the grant of anticipatory bail is curtailed when the anticipatory bail granted by the court is cancelled by the court on finding ... 438 Cr.P.C. limits the personal liberty of the accused granted under Article 21 of the constitution. ... may be granted in case of a bailable offence. ... . — Leave granted. ... should be granted.

India - Crimes

4. Siddharam Satlingappa Mhetre VS State of Maharashtra - 02 Dec 10

1. Section 438 Cr.P.C. is an extraordinary provision where the accused who apprehends his/her arrest on accusation of having committed a non-bailable offence can be granted bail in anticipation of arrest. 2. In case of conflict, the High Court has to prefer the decision of a larger Bench to that of a smaller Bench. 3. As per the doctrine of ‘per incuriam’, any judgment which has been passed in ignorance of or without considering a statutory provision or a binding precedent is not good law and the same ought to be ignored. 4. The order granting anticipatory bail for a limited duration and thereafter directing the accused to surrender and apply before a regular bail is contrary to the legislative intention. 5. Once the anticipatory bail is granted then the protection should ordinarily be available till the end of the trial unless the interim protection by way of the grant of anticipatory bail is curtailed when the anticipatory bail granted by the court is cancelled by the court on finding fresh material or circumstances or on the ground of abuse of the indulgence by the accused. 6. No limitation has been envisaged by the Legislature under section 438 Cr.P.C. 7. Directing the accused to surrender to custody after the limited period amounts to deprivation of his personal liberty.

the grant of anticipatory bail is curtailed when the anticipatory bail granted by the court is cancelled by the court on finding ... the grant of anticipatory bail is curtailed when the anticipatory bail granted by the court is cancelled by the court on finding ... on the provision of anticipatory bail under section 438 Cr.P.C. limits the personal liberty of the accused granted under Article ... Section 436 deals with the situation when bail may be granted in case of a bailable offence. ... The bail granted by the court should ordinarily be continued till the trial of the case. ... can be granted.

India - Supreme Court

5. P. CHIDAMBARAM VS DIRECTORATE OF ENFORCEMENT - 05 Sep 19

Anticipatory bail cannot be granted once the accused is arrested.Procedure for arrest under section 5 of Act, 2002 and rule 3 of Rules, 2005 provide sufficient safeguards.Proceeding against offences under Section 8 of PC Act, 1988 under PMLA Act, 2002 not violative of Article 20(1).The question as to whether offence under Section 8 of the PC Act, 1988 cannot be the predicate offence cannot be gone into at the stage of considering prayer for anticipatory bail.Court can peruse case diary/materials collected during investigation by prosecution even before commencement of the trial in certain circumstances only for satisfaction of court’s conscience as to whether it is a fit case for grant of anticipatory bail. Court cannot conduct mini trial at various stages of the investigation.Pre-arrest bail being an exception should not be granted as a matter of rule.Refusal to grant anticipatory bail would not amount to denial of rights conferred under Article 21.Custodial interrogation, a recognised mode of interrogation, is not only permissible but more effective.Anticipatory bail should not be granted in economic offences.‘Schedule offences’ and ‘offence of money laundering’ under PMLA Act are independent of each other.

- Cannot be granted once the accused is arrested. ... must be exercised sparingly - More so in economic offences - Rather anticipatory bail should not be granted in economic offences ... an exception - Not to be granted as a matter of rule, but only in exceptional circumstances. ... Finally, the Delhi High Court granted bail to Sh. Karti Chidambaram in INX Media case filed by CBI on 23.03.2018. ... Anticipatory bail is not to be granted as a matter of rule and it has to be granted only when the court is convinced that exceptional ... Also, anticipatory bail cannot be granted as a matter of right.

India - Supreme Court

6. N. K. Nayars VS State of Maharashtra - 12 Mar 85

Anticipatory bail may be granted with or without any conditions.

granted to them. ... Criminal Procedure Code, 1973, Section 438 - Anticipatory bail'-High Court or Sessions Judge has wide discretionary power to grant ... allegedly committed outside the State of Maharashtra – Accused - Petitioners are permanent residents of Bombay - Interim anticipatory bail ... , if granted, must be granted without the imposition of any conditions. ... bail is that whereas the former is granted after arrest and, therefore, means release from the custody of the police, the latter ... It is now necessary to consider as to whether anticipatory bail should be granted to the applicants in both the applications and,

India - Crimes

7. Supreme Bhiwandi Wada Manor Infrastructure Pvt. Ltd. VS State of Maharashtra - 26 Jul 21

(1) Power under Section 156(3) of Cr.P.C. can be exercised by Magistrate even before he takes cognizance provided complaint discloses commission of cognizable offence. Power of Magistrate under Section 156(3) is not affected by provisions of Section 202 of Cr.P.C.(2) Anticipatory bail should not be granted in cases where allegations are grave in nature.

(A) Criminal Procedure Code, 1973 – Sections 156(3) and 202 – Direction ... bail under Section 438 to respondent-accused set aside. ... to famers affected by work of road widening being undertaken by complainant – Having regard to seriousness of allegations no case ... The persons accused to whom anticipatory bail has been granted in the first two appeals are the first accused, Mayur Jayantilal Anam ... Eventually, by its order dated 18 December 2017, the High Court granted anticipatory bail to A1 ... On 24 January 2017, the High Court granted interim protection against arrest to A1.

India - Supreme Court

8. V. N. Sudhagaran VS Enforcement Officer, Enforcement Directorate - 05 Aug 96

Anticipatory Bail cannot be granted at the stage when there is no accusation and reasonable apprehension of being arrested in a non-bailable offence.

be granted? ... (Para 5) ... Result: Anticipatory Bail refused. ... Criminal Procedure Code, 1973 - Section 438 - Anticipatory Bail Stage of answering the summons u/s 40 of FERA, 1973 - The arrest ... P.C. the petitioner has to make out a special case to secure an order of anticipatory bail which is of an exceptional type. ... Anticipatory Bail refused. ... It is stated in the petition that he is a Director in a Company Mis Super Duper T.V. Private Limited.

India - Crimes

9. Yogendra VS State of U. P. - 16 Dec 09

Where by indiscriminate firing two persons died and two other were injured, keeping in view grave nature of offence, bail did not deserve to be granted to accused.

Criminal Procedure Code 1973—Section 439—Bail —Case was registered under Section 302, 307 Indian Penal Code—Brother of first informant ... bail. ... when in two persons died and two other were injured—Grant of bail to other two accused, to one on plea of alibi and to other on ... and without expressing any opinion on the merit of the case the applicant is not entitled for bail. ... Pinky Sharma daughter of the co-accused Ghanshyam, had gone in the company of Krishna Pal, the. ... filed by the applicant Yogendra with a prayer that he may be released on bail in case crime No.70 of 2009, under Sections 302 &

India - Crimes

10. State of Maharashtra VS Ramesh Taurarii - 26 Nov 97

Among other consideration witch the court has to take into account in deciding whether bail should be granted in a non-bailable offence is the nature and gravity of offence.

of other accused could not have been a ground for granting bail to him-High Court should not have granted bail to respondent considering ... murder through contract killer Incriminating material collected to make out a strong prima facie case against respondent-Nature and ... seriousness of allegations when investigation was continuing-Bail was liable to be cancelled. ... granted to the respondent. ... should be granted in a non bail able offence is the nature and gravity of the offence. ... We, therefore, set aside the impugned order dated October 23, 1997 and cancel the bail granted to the respondent.

India - Crimes