https://www.taxtmi.com/caselaws?id=289877 The Special Bench held that an application for anticipatory bail under Section 438 of the Code of Criminal Procedure is maintainable at the post-cognizance stage of a case instituted on a police report or complaint even after the court has issued a process like a warrant of arrest for a non-bailable offence. The court emphasized the broad and unqualified language of Section 438, noting that the power to grant anticipatory bail is discretionary and must be exercised judiciously. The decision clarified that there is no bar to seeking anticipatory bail post-cognizance, allowing such applications to be filed after the submission of a charge-sheet or issuance of a process. en-us Fri, 04 Apr 2003 00:00:00 +0530 Fri, 28 Aug 2020 11:23:41 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=289877 The Special Bench held that an application for anticipatory bail under Section 438 of the Code of Criminal Procedure is maintainable at the post-cognizance stage of a case instituted on a police report or complaint even after the court has issued a process like a warrant of arrest for a non-bailable offence. The court emphasized the broad and unqualified language of Section 438, noting that the power to grant anticipatory bail is discretionary and must be exercised judiciously. The decision clarified that there is no bar to seeking anticipatory bail post-cognizance, allowing such applications to be filed after the submission of a charge-sheet or issuance of a process. Case-Laws Indian Laws Fri, 04 Apr 2003 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=289877