Whether application for anticipatory bail can be rejected on the ground that offence was not registered against accused?
No.46 of 2015 the Petitioner Nos.3 and 4 being the sister and brother-in-law
of the Petitioner No.1 had filed an application for anticipatory
bail. The said application was dismissed on the ground that no offence
was registered against them. Suffice is to say that the registration of
offence is not a sine qua non for entertaining an application for
anticipatory bail. The only requirement is a reasonable apprehension
of arrest in a nonbailable offence.
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
CRIMINAL WRIT PETITION NO.1252 OF 2015
Bharat Devdan Salvi
v/s.
The State of Maharashtra
CORAM : RANJIT MORE &
SMT. ANUJA PRABHUDESSAI, JJ.
Date of Pronouncement: 20th January, 2016
Citation; 2016 ALLMR(CRI)1239
https://www.lawweb.in/2016/04/whether-application-for-anticipatory.html