Whether application for anticipatory bail can be rejected on


Whether application for anticipatory bail can be rejected on the ground that offence was not registered against accused?

 
 
At this stage, we would like to state that upon registration of C.R.
No.46 of 2015 the Petitioner Nos.3 and 4 being the sister and brother-in­-law
of the Petitioner No.1 had filed an application for anticipatory
bail.  The said application was dismissed on the ground that no offence
was registered against them.  Suffice is to say that the registration of
offence   is   not   a  sine   qua   non  for   entertaining   an   application   for
anticipatory bail.  The only requirement is a reasonable apprehension
of arrest in a non­bailable offence.
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
CRIMINAL WRIT PETITION NO.1252 OF 2015
Bharat Devdan Salvi
  
v/s.

The State of Maharashtra 
  
 CORAM : RANJIT MORE &
          SMT. ANUJA PRABHUDESSAI, JJ. 

Date of Pronouncement: 20th January, 2016
Citation; 2016 ALLMR(CRI)1239

http://www.lawweb.in/2016/04/whether-application-for-anticipatory.html

 
Reply   
 
ADVOCATE./LAWYER

SIR.

KINDLY NOTE THAT .

1.IN CASE F.I.R.IS NOT REGISTERED AGAINST THE APPLICANT AND STILL  REASONABLE APPRHENSION OF ARREST UNDER NON BAILABLE SECTIONS OF I.P..C. , IS THERE , THEN IT IS UP TO THE COURT TO DECIDE  ON THE GIVEN FACTS AND  COURT MAY ORDER 72 HOURS  OR ANY OTHER PERIOD NOTICE TO BE GIVEN TO THE APPLICANT ,  BY THE INVESTIGATION OFFICER OF POLICE STATION WHERE THE F.I.R.MAY BE REGISTERED ,  REGARDS.

N.B.SAWANT,,, ADVOCATE HIGH COURT.

 
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