anticipatory bail be entertained or not?

Advocate.

If private complaint alleging offence of murder and Magistrate has issued process, can an application for anticipatory bail be entertained?

 
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Practicing Advocate

 If the Magistrate has issued non-bailable warrant then, an application for anticipatory bail can be filed.

 
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Advocate

Dear Mr. Shree,

a good question since if the magistrate has taken cognisance of the case that means there are substantial proofs against the accused. so in thse circumstaces he must nt be given anticipatory.

but again, unless the proofs are duly proved, he can not be held guilty ..so again we get stuck in dilemma since any conspiracy might have taken place against him.

But yes, there should be laid stronger grounds to grant AB.


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Advocate

yes exactly what mr manish is correct

 
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STUDENT

Mr manish, I beg to disagree.

If the magistrate has issued the process, it does not mean that there are sufficient proofs against the accused.

Sec. 156(3) is the most misused section after 498A. I have seen cases where merely on the basis of complaint to Magistrate and vested witnesses the process was started. You will be amused to note that even the in the case BWs are sent only on file for 3 year and finanlly NBWs were sent. Accused were surprised to see the NBWs. and now accused persons are fighing the case the incident of which never happened

sanjeev

 
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