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Application for anticipatory bail may be made before
Chief Judicial Magistrate
Sessions Judge
High Court
Both (b) and (c)
Section 438 of the Cr.PC deals with anticipatory bail. The power of granting 'anticipatory bail' is an extraordinary remedy and allowed in exceptional cases only on grounds like - that a person is falsely implicated or a frivolous case is launched against him or there are reasonable grounds for holding that a person accused of an offence is not likely to abscond, or otherwise misuse his liberty while on bail. It can be granted by a Court of Session or a High Court. Where a competent court grants anticipatory bail, it makes an order that in the event of arrest, a person shall be released on bail. fGurbaksh Singh Sibbia v. State Of Punjab 1980 AIR 1632)
By: Parvesh Mehta ProfileResourcesReport error
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