Criminal Procedure Code, 1973
Section 438—Grant of anticipatory bail by High Court—Appeal—FIR registered under Sections 195A, 294 & 506 of IPC—Present offence is not triable by Sessions and does not carry sentence more than seven years—Second respondent is in jail in connection with some other offences—Anticipatory bail granted by the High Court because he has not been arrested by concerned police in the present case and it appears that if he is released on bail in other cases, he may be arrested in the present case also so as to keep him in jail—View taken by the High Court to release second respondent on anticipatory bail does not suffer from any fundamental error of law—It is not a case where second respondent has been released on anticipatory bail in a heinous offence—True it is that ordinarily habitual offender ought not to be released on bail in a routine manner, however, in the case at hand, the High Court has elaborately dealt with the cases against second respondent—Appeal dismissed.
[Paras 9 & 10]