joe (Dr) 17 June 2010
I found the following in a news article and found it perplexing......as I find no such provision in the said section.
Any thoughts and case law?
If there is case law, does it not defeat the purpose of s438?
https://targetgoa.com/newsd.php?id=453
Adv. Rodrigues told the Court that the provisions of law and High Court rules mandates that an anticipatory bail application can be filed under Section 438 of the Criminal Procedure Code only by the person anticipating arrest.
Suchitra. S (Advocate) 17 June 2010
Sir, I think the statement means, application can only be filed by the person seeking bail or, an advocate on his behalf.
joe (Dr) 17 June 2010
Thanks for a quick response.
RAKHI BUDHIRAJA ADVOCATE (LAWYER AT BUDHIRAJA & ASSOCIATES SUPREME COURT OF INDIA) 17 June 2010
I do agree with the views of my Ld. friend. U can call me at 9871158578
joe (Dr) 17 June 2010
Thanks Rakhi and SKJ. My interest in this is purely academic, as in Constitutional Law.
I am sure SKJ is right in stating that "The only condition is that at the time of hearing the accused has to remain present in the court. The matter can not be heard in absence of the accused anticipating arrest."
I am actually looking for the statutory provision which states that. I did not find it in s438
Once again, Thanks.
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