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faisal pasha   10 February 2021

Arrest during pendency of bail under s 438 crpc

In a case of 498A 313 ipc one accused got bail from sessions court.
Rest of the accuseds have moved to high court under s 438 for pre arrest bail.
Is there any provision or ruling which bars their arrest during the pendency of such an application?


 4 Replies

SHIRISH PAWAR, 7738990900 (Advocate)     10 February 2021


The high court may grant interim relief during the pendency of their application in the high court as per their merits of the case.


Pawan S (Advocate)     10 February 2021

Hello, So, it means, one person got the anticipatory bail and for the rest two, the bail application got dismissed by the Sessions Court. Definitely, the accused can file application before Honourable High Court. Generally, the bail in matrimonial proceedings are easy but may come with stringent conditions. the Anticipatory bail in cases of 498a/406 are granted easily these days and conditions depends on facts of each case. I would like to know the reason for the dismissal of the bail application from the Sessions Court. Regards, Pawan Saha

faisal pasha   11 February 2021

@pawan S no sir..only one accused was arrested and he got the bail from sessions court for non availability of medical report in case diary.
other accused moved directly to honourable high court allahbad for interim bail apprehending arrest in the matter.
my question is whether a arrest can be or can't be made before honourable high court hears the case under section 438?
as the police are saying that subjected to pendency of interim bail application an arrest can't be made.

Sankaranarayanan (Advocate)     30 April 2021

It all under the merits of the case 

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