Rakesh Baban Borhade Vs. State of Maharashtra & Anr.
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Head Note
The Code of Criminal Procedure, 1973 - Section 438
Anticipatory bail - Parameters to be considered - Held that the Court would grant or refuse anticipatory bail after taking into consideration the factors, namely:- the nature and gravity of the accusation; the antecedents of the applicant including the fact as to whether he has previously undergone imprisonment on conviction by a Court in respect of any cognizable offence; the possibility of the applicant to flee from justice; and whether the accusation has been made with the object of injuring or humiliating the applicant by having him so arrested - Anticipatory bail is not to be granted as a matter of rule, but should be granted only when a special case is made out and the Court is convinced that the accused would not misuse his liberty.
Topic(s)-Anticipatory bail - Parameters to be considered