Law: Criminal Procedure Code (V of 1898)

Section: 498

Law: Penal Code (XLV of 1860)

Section: 302, 32

  (a) Criminal Procedure Code (V of 1898)  S. 498-Bail before arrest-Grant of bail before arrest rare-Such bail, however, granted in cases of probably false involvements likely to result in irreparable injury to dignity, respect, and reputation of petitioner-Application for bail before arrest once admitted for regular hearing, Court should grant interim bail-Penal Code (XLV of 1860), S. 302/ 109. The very purpose of an application for bail before arrest is to avoid the humiliation of being arrested by the police. Grant of bail before arrest is rare, but Courts do grant bail before arrest where it is felt that the petitioner has probably, been falsely involved in a case and is likely to suffer irreparable injury to his dignity, respect and reputation. As such, once an application for bail before arrest is `admitted' by a Court for regular hearing, it should, in fitness of things, grant interim bail to the petitioner so that he is not arrested in the meanwhile, because otherwise there is no point in entertaining and admitting his application. E. A. Evans v. Muhammad Ashraf 1968 Law Notes S C 81 and Mazahir Hussain v. State 1970 P Cr. L J 188 rel. (b) Criminal Procedure Code (V of 1898) S. 498-Bail, interim-Accused not to be permitted to remain at large for long period in cases of bail before arrest-Specially so when interim bail not granted-Fixation of case for regular hearing after 28 days after declining to grant interim bail-Matter in such case, held, to be fixed for final hearing at earliest possible date. The Sessions Judge after declining to grant interim bail to the petitioner fixed the matter for regular hearing after about a month (28 days to be exact). In such cases the matter should be fixed for final hearing at the earliest possible date, because in cases of bail before arrest, the accused persons should not be permitted to remain at large for a long period, as there is a danger of their destroying the evidence or suborning the witnesses, and secondly because the "sword of Damocles" should not be kept hanging on the petitioner's head for an unnecessarily long period. This is specially so in cases where interim bail is not…