https://www.taxtmi.com/caselaws?id=299656 Section 438 of the Code of Criminal Procedure confers continuing discretionary power on the High Court and Court of Session to grant anticipatory bail, and that power is not terminated merely because cognizance has been taken or process or a warrant has been issued. Sub-section (3) is procedural and does not restrict the substantive jurisdiction under sub-section (1); however, the filing of a charge-sheet, issuance of process, or a warrant may be relevant to the exercise of discretion. The earlier view that anticipatory bail becomes unavailable after process was issued was overruled, though relief may still be refused on the facts of a particular case. en-us Fri, 07 Feb 1986 00:00:00 +0530 Fri, 24 Dec 2021 12:30:29 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=299656 Section 438 of the Code of Criminal Procedure confers continuing discretionary power on the High Court and Court of Session to grant anticipatory bail, and that power is not terminated merely because cognizance has been taken or process or a warrant has been issued. Sub-section (3) is procedural and does not restrict the substantive jurisdiction under sub-section (1); however, the filing of a charge-sheet, issuance of process, or a warrant may be relevant to the exercise of discretion. The earlier view that anticipatory bail becomes unavailable after process was issued was overruled, though relief may still be refused on the facts of a particular case. Case-Laws Indian Laws Fri, 07 Feb 1986 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=299656