Held: “….The section makes no distinction whether the arrest is apprehended at the hands of the police or at the instance of the Magistrate. The issuance of warrant by the Magistrate against a person, to my mind, justifiably gives rise to such an apprehension and well entitles a person to make a prayer for his anticipatory bail. The High Court or the Court of Session may, however, decline to exercise its powers under Section 438 (1) Cr. P.C., keeping in view of the fact that the Magistrate has summoned the accused through bail able warrant i.e. a relief almost similar to what can be granted by the Court under Section 438 (1) Cr. P.C. yes does not mean that the Court has no jurisdiction to grant anticipatory bail to such an accused person. The grant of bail under Section 438 (1) by the High Court or the Court of session is, to my mind, dependent on the merits of a particular case and not the order of the Magistrate choosing to summon an accused through bail able or non-bailable warrant. ” |
