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Bhagirathi Mahapatra v. State of Orissa
Citation : 1975 Cr LJ 1681

Hon'ble Supreme Court


"Anticipatory bail can be granted only by the High Court or a Court of Sessions and the grant is confined only to cases involving non-bail able offences. It can be granted on the same consideration on which bail is granted under Section 437 to a person accused of a non bailable offence. In addition Court must be satisfied that unless such bail is not granted an irreparable wrong or injustice might result which, it is desirable to avoid, it can be granted in exceptional cases. Before granting it notice of the application to Public Prosecutor should be given although the section in terms does not require so”




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