------------ Act provided for excessive police powers, arrest without warrant and detention without trial.
a.None
b.Arms Act
c.The Rowlatt
d.Indian council Act
Answers
Answer:
misnomer inasmuch as it is not as if bail is presently granted by
the Court in anticipation of arrest. It is submitted that when a
competent court grants “anticipatory bail”, it makes an order that
in the event of arrest, a person shall be released on bail. It is
submitted that there is no question of release on bail unless a
person is arrested and, therefore, it is only on arrest that the
order granting “anticipatory bail” becomes operative.
2.1. Shri Raval, learned Amicus Curiae has taken us to the
historical perspective on the inclusion of Section 438 of the Cr.
P.C. It is submitted that on the recommendation of the Law
Commission of India in its 41st Report dated 24.09.1969, the
Parliament introduced a new provision in the form of
“anticipatory bail” under Section 438 of the Cr.P.C. It is
submitted that the Law Commission of India in its 41st Report
stated in paragraph 39.9 the justification for power to grant
“anticipatory bail”. It is submitted that as per the Law
Commission the necessity for granting “anticipatory bail” arises
mainly because sometimes influential persons try to implicate
their rivals in false cases for the purpose of disgracing them or for
other purposes by getting them detained in jail for some days. It
3
Answer:
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