KH. ZIAUL HAQUE Vs. THE STATE OF MANIPUR

JUDGEMENT

(1.) HEARD Shri Md. Jalaluddin, Advocate appearing for the petitioner and Shri R.S. Reisang, Sr. Govt. Advocate assisted by Shri Shyam Sharma, learned Govt. Advocate appearing for the respondent.

(2.) THE above petition/application has been filed by the petitioner under section 438 of the Cr.P.C. praying for grant of anticipatory bail and also ad interim bail for the end of justice.

(3.) THIS is an exceptional power and can be exercised only in exceptional cases and not in all general cases. The considerations governing the exercise of discretion for granting anticipatory bail are materially different from those of an application for bail. In the case of Siddharam Satlingappa Mhetre v. State of Maharastra reported in : (2011) 1 SCC 694, the Hon'ble Supreme Court has examined the historical perspective, scope and ambit of Section 438 Cr.P.C. and after analyzing the various judgments and guidelines, the Hon'ble Supreme Court has enumerated the following factors and parameters that can be taken into consideration by the Court while dealing with the anticipatory bail: