REGENT COMPUTRONICS PVT. LTD.

SHAMIM AHMED Appellant

V/S

STATE Respondents

Referred Judgements :-

GODREJ SOAP V. STATE [REFERRED]
SK. ALIM AND ORS. V. THE STATE OF WEST BENGAL [REFERRED]
SRI PANKAJ LOCHAN SAHOO AND ANR. [REFERRED]
SALAUDDIN ABDULSAMAD SHAIKH V/S STATE OF MAHARASHTRA [REFERRED]
BIMAL ADAK AND ORS. V. STATE [REFERRED]
K.L. VERMA V. STATE [REFERRED]
STATE OF ORISSA VS. SUDHANSU SEKHAR MISRA [REFERRED]
BALCHAND JAIN VS. STATE OF MADHYA PRADESH [REFERRED]
GURBAKSH SINGHSIBBIA SARBAJIT SINGH VS. STATE OF PUNJAB [REFERRED]
POKAR RAM VS. STATE OF RAJASTHAN [REFERRED]
KARTAR SINGH KRIPA SHANKAR RAI VS. STATE OF PUNJAB [REFERRED]
STATE OF MADHYA PRADESH VS. RAM KISHNA BA LOTHIA [REFERRED]
STATE REP VS. ANIL SHARMA [REFERRED]
STATE OF ANDHRA PRADESH VS. BIMAL KRISHNA KUNDU [REFERRED]
DUKHISHYAM BENUPANI ASSTT DIRECTOR ENFORCEMENT DIRECTORATE FERA VS. ARUN KUMAR BAJORIA [REFERRED]
SHEIK KHASIM BI VS. STATE [REFERRED]
NIRBHAY SINGH VS. STATE OF M P [REFERRED]
PURAN SINGH VS. AJIT SINGH [REFERRED]

JUDGEMENT

(1.) This Special Bench has been constituted to answer the following common questions raised in all these pending applications:

(2.) In all the present applications, a prayer was made for anticipatory bail either after filing of the charge-sheet or after issuance of warrant of arrest by the Court in a particular proceeding or after process was issued by the Court after taking cognizance in complaint cases.

(3.) Such a question came up for consideration before a Division Bench of this Court in Sk. Alim and Ors. v. The State of West Bengal reported in 1993 C Cr. LR (Cal) 137 in which Their Lordships, referring to a decision of five Judges Bench of the Apex Court in Gurbux Singh v. State of Punjab reported in AIR 1980 SC 1632 held, inter alia, that prayer for anticipatory bail cannot be disallowed on the ground of submission of charge-sheet because it is not possible to import anything which is not in the section as thereby the liberty of a person may be jeopardized. It was also observed that such a course might be vulnerable constitutionally as indicated in Gurbux Singh's case (supra).

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SHAMIM AHMED Vs. STATE

Referred Judgements :-

JUDGEMENT

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