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Mohit Attri (lawyer)     15 March 2009

if F.I.R is not mandatory for anticipatry bail then whats the diffrence between blanket bail and anticipatry bail???

in the earlier post i hve read that  F.I.R is not mandatory for anticipatry bail then whats the diffrence between blanket bail and anticipatry bail???and can anyone provide any judgment related to anticipatory bail,where F.I.R IS NOT MANDATORY???



Learning

 5 Replies

Swami Sadashiva Brahmendra Sar (Nil)     16 March 2009

there is constitution bench (5 judge)decision of apex court where it has been held rhat "The filing of a first information report is not a condition precedent to the exercise of the power under S. 438. The imminence of a likely arrest founded on a reasonable belief can be shown to exist even if an FIR is not yet filed.

Anticipatory bail can be granted even after an FIR is filed, so long as the applicant has not been arrested.  "-- AIR 1980 SC1632 Gurbakhs sing sibia v. State of Punjab (Para 35)

K.C.Suresh (Advocate)     16 March 2009

Dr answered Nop furthe clarification required for Mohit

M. PIRAVI PERUMAL (Advocate & Consumer Rights)     16 March 2009

Thanks a lot Dr. Tripathi for the valuable information on the subject.

Mohit Attri (lawyer)     16 March 2009

thank you  sir.

prof s c pratihar (medical practitioner &legal studies)     16 March 2009

registration of crime ---necessity  of to exercise power of Court----fiing of a F I R and registration of crime by the police  is not a condition precedent  to the exercise of power  under section 438 Cr. P.C---Rajsekhara Reddy v. State of A P,1999 Cri L J 1933(AP).


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