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Anticipatory Bail under CRPC. A critical study of the recent amendments and judicial interpretation of Section 438

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  • Essay length: 5319 words
  • Submitted: 07/09/2011
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CRIMINAL PROCEDURE CODE

A critical study of the recent amendments and judicial interpretation of Section 438

Submitted By:

B. Kranthi Kumar,

Id. No : 1576,

3rd Year B.A. LL. B. (Hons.).

Date of Submission: 11th August, 2009.

Introduction

In recent times, Section 438 was in news as Varun Gandhi, grandson of late Prime Minister Indira Gandhi, applied to the Delhi high court for anticipatory bail stating that the allegations made on him about the anti-Muslim speech was a conspiracy to spoil his political career and tarnish his secular image in a criminal case filed against him by the directions of the election commission. The Delhi High Court using its power under Section 438 of Criminal Procedure Code (Cr.P.C), allowed the bail petition by making an order that if the petitioner is arrested for the alleged offence he shall be released on bail.

As we have seen above, Section 438 is a procedural provision that provides for release of the applicant who believes that he may be arrested on accusation of having committed a non-bailable offence and the section as amended by 2005 provides for itself certain guidelines to be

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