Court disposed of Cr. Petition filing anticipatory bail under Section 438 CrPC for Section 420 IPC offence. Liberty granted to move regular bail before Special Judge.
Liberty granted to move regular bail application and surrender before Special Judge after notice to Public Prosecutor.
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THE HONOURABLE Dr.JUSTICE B.SIVA SANKARA RAO CRIMINAL PETITION No.11452 of 2014
ORDER:
This Criminal Petition is filed under Section 438 Cr.P.C by petitioners/A7 in Crime No.73 of 2012 of Mylavaram Police Station, Krishna District, registered against him for the offence punishable under Section 420 I.P.C.
2. Heard the Learned Counsel for the Petitioner and the Learned Additional Public Prosecutor for the Respondent-State. Perused the material placed on record.
3. Having regard to the facts and circumstances, this Criminal Petition is disposed of, by giving liberty to him to move regular bail application and surrender before the learned Special Judge concerned and after notice to the Public Prosecutor and in such an event, the learned Judge is required to consider the application granting bail preferably on the same day, if not atleast on next day. The learned Judge in granting bail as per directions supra can impose necessary conditions which include attending for counselling, furnishing of address proof with bank account particulars if any for securing presence before Court non-interference with witnesses and the like and any necessity of police custody vide guideline No.(iv) of
Gurbaksh Singh Sibbia Vs. State of Punjab[1] .
__________________________ Dr. B.SIVA SANKARA RAO J,
September 24, 2014 pab
[1] (1980)2 SCC 565
2 issues framed by the court
Whether liberty should be granted to the petitioner to move a regular bail application and surrender.
What directions should be issued to the Special Judge regarding the disposal of the regular bail application.
Colour shows how this judgement treated each authority
Gurbaksh Singh Sibbia Vs. State of PunjabReferred¶6
Gurbaksh Singh Sibbia Vs. State of Punjab
Gurbaksh Singh Sibbia Vs. State of PunjabReferred¶9
(1980)2 SCC 565 · Who else cites this
2 provisions across 2 enactments
A7
State
B.SIVA SANKARA RAO
As recorded by the court registry
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