1. 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 ... to regulate arrest – Similarly, issuing directions to regulate anticipatory bail – Held Court can issue directions even if it can ... is excluded in case of prima facie commission of offence under the Act – In case of prima facie motivated and false allegations ... Thus, in genuine cases anticipatory bail can be granted. ... Her anticipatory bail application was rejected by the session court but the High Court, vide order dated 23rd November, 2017, 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

India - Supreme Court

2. Centrum Financial Services Limited VS State of NCT of Delhi - 28 Jan 22

Rejection of bail in a non-bailable case at an initial stage and cancellation of bail so granted has to be dealt with and considered on different basis – Very cogent and overwhelming circumstances are necessary for an order directing cancellation of bail already granted.

in a non-bailable case at an initial stage and cancellation of bail so granted has to be dealt with and considered on different ... basis – Very cogent and overwhelming circumstances are necessary for an order directing cancellation of bail already granted – Where ... through shell companies – High Court has not adverted to relevant considerations and has granted bail mechanically by observing ... cogent and overwhelming circumstances are necessary for an order directing the cancellation of the bail already granted. ... granted by the High Court. ... is granted by the High Court, though the High Court could not have granted the bail, in absence of any allegation of misuse of liberty

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 ... of anticipatory bail under section 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 ... The order granting anticipatory bail is a direction specifically to release the accused on bail in the event of his arrest. ... 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.

India - Supreme Court

5. 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 ... Even accused Parmod Kumar Aggarwal, was granted anticipatory bail by learned Session’s Court per order dated 05.04.2021 and the order ... 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

India - Delhi

6. Mathew Z. Pulikunnel VS Chief Justice Of India - 01 Nov 21

A party who is directly or indirectly connected with a dispute decided by a Judge can approach Court in a proceedings under Article 226 of Constitution seeking direction on a complaint lodged against Judge concerning decision taken by him alleging that same is not one conforming to Restatement of Values of Judicial Life, there cannot be any doubt that same will have a deleterious effect on institution.

217 and 32 - Demolition of building - Violation of mandatory statutory - Alleging violation of mandatory statutory provisions. direction ... and notice - Prior to demolition of apartment complex, on a direction issued by Government, local authority initiated proceedings ... decide a dispute between two, in favour of one, is not only onerous, but one which is likely to invite wrath of other - seeking direction ... granted to the party was dealt with by the Judge in Ext.P3 order lightly by referring to the said action merely as one objectionable ... (C) No.17657 of 2021 is that the Managing Director of the builder company though obtained an interim anticipatory bail from the Madras ... According to the petitioner, Ext.P3 order granting anticipatory bail to the Managing Director

India - Kerala

7. RAKESH BABAN BORHADE VS STATE OF MAHARASHTRA - 19 Nov 14

When the accused shows his bona fide, anticipatory bail may be granted to him.

(2011) 1 SCC 694 – Relied upon ... Facts of the case ... Anticipatory bail is not to be granted as a matter of rule, but should be granted only when a special case ... Leave granted. ... could be granted to the appellant.

India - Supreme Court

8. 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. ... for bail, Sub-section (2) confers on the Court the power to include such conditions in the direction as it may think fit in the ... bail is that whereas the former is granted after arrest and, therefore, means release from the custody of the police, the latter

India - Crimes

9. Rakesh Baban Borhade VS State of Maharashtra - 19 Nov 14

When the accused shows his bona fide, anticipatory bail may be granted to him.

(2011) 1 SCC 694 – Relied upon ... Facts of the case ... Leave granted. ... be granted as a matter of rule, but should be granted only when a special case is made out and the Court is convinced that the accused ... could be granted to the appellant.

India - Crimes

10. 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. ... of abuse of power - Court can always issue appropriate direction at the instance of an aggrieved person if investigation is mala ... must be exercised sparingly - More so in economic offences - Rather anticipatory bail should not be granted in economic offences ... 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