The Constitution Bench of Apex Court in the case of
Gurbaksh Singh Vs. State of Punjab, AIR 1980 SC 1632 has
considered several aspects to be considered while considering the
application for anticipatory bail and in paragraph 35 has held that
filing of FIR is not a condition precedent to exercise power under
Section 438 of Cr.P.C. The Apex Court has further held that
imminence of likely arrest founded on a reasonable belief can be
shown to exist even if an FIR is not yet filed.
IN THE HIGH COURT OF BOMBAY AT GOA
CRIMINAL WRIT PETITION NO. 58 OF 2012
Shri Sahajanand Investments Pvt.
1. State of Goa,
CORAM :- A. P. LAVANDE, J.
DATE : 12th October, 2012