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Direction: Read the following passage carefully and answer the questions given below:
Supreme Court has held in March 2023 Judgment that the day of remand is to be included for considering for considering a claim for default bail. An accused becomes entitled to default bail if the chargesheet isn't filed by 61st or if given extension by the court on 91st day of the remand, the 3 judge bench stated. Under Section 437(5)of CrPC, the court whichhas granted bail can cancel it, if found necessary undercertain conditions. As per section 439(2), the Sessions Court, High Court, or Supreme Court can, suo moto, cancel the bail granted to the accused and transfer the accused to custody. As per section 389(2),an appellate court can also cancel the bail of the accused and order the accused to be arrested and sent to custody.Generally during first violaton of a bail restriction, explanation is asked from the accused rather than direct cancellation of bail.
In Re: Digendra Sarkar– Under Section 438 of the CrPC, the application for anticipatory bail applied even before the First Information Report is registered. So, First Information Report cannot be a condition precedent to applying for anticipatory bail. In Suresh Vasudeva vs. State– Section 438(1) applies only to non-bailable offences. Lastly in Sushila Agarwal vs. State– Supreme Court held that anticipatory bail should not be for a fixed period, but it is open to the court to limit the tenure of anticipatory bail if any special condition necessitates the same. In Gurbaksha Singh Sibbia and others vs. The State of Punjab– the Supreme Court opined that there are no provisions in the CrPC regarding time boundness of granting pre – arrest anticipatory bail. The concerned court has the discretion to impose conditions for grant of anticipatory bail including a limited period of protection etc., subject to considering any special circumstances required.
Q. What does Section 437(5) of CrPC allow the court to do regarding bail?
  • a)
    It allows the court to grant bail under any circumstances.
  • b)
    It allows the court to extend the duration of bail without conditions.
  • c)
    It allows the court to cancel bail under certain conditions.
  • d)
    It allows the court to transfer the accused to another jurisdiction.
Correct answer is option 'C'. Can you explain this answer?
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Direction: Read the following passage carefully and answer the questio...
The passage briefly mentions Section 437(5) of the Code of Criminal Procedure (CrPC). According to the passage, this section grants the court the authority to cancel bail under specific conditions. While the passage does not provide extensive details about the conditions, it is clear that Section 437(5) empowers the court to revoke bail if certain circumstances warrant it. Therefore, option C accurately summarizes the purpose of Section 437(5) of CrPC as mentioned in the passage.
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Direction: Read the following passage carefully and answer the questions given below:Supreme Court has held in March 2023 Judgment that the day of remand is to be included for considering for considering a claim for default bail. An accused becomes entitled to default bail if the chargesheet isnt filed by 61st or if given extension by the court on 91st day of the remand, the 3 judge bench stated. Under Section 437(5)of CrPC, the court whichhas granted bail can cancel it, if found necessary undercertain conditions. As per section 439(2), the Sessions Court, High Court, or Supreme Court can, suo moto, cancel the bail granted to the accused and transfer the accused to custody. As per section 389(2),an appellate court can also cancel the bail of the accused and order the accused to be arrested and sent to custody.Generally during first violaton of a bail restriction, explanation is asked from the accused rather than direct cancellation of bail.In Re: Digendra Sarkar– Under Section 438 of the CrPC, the application for anticipatory bail applied even before the First Information Report is registered. So, First Information Report cannot be a condition precedent to applying for anticipatory bail. In Suresh Vasudeva vs. State– Section 438(1) applies only to non-bailable offences. Lastly in Sushila Agarwal vs. State– Supreme Court held that anticipatory bail should not be for a fixed period, but it is open to the court to limit the tenure of anticipatory bail if any special condition necessitates the same. In Gurbaksha Singh Sibbia and others vs. The State of Punjab– the Supreme Court opined that there are no provisions in the CrPC regarding time boundness of granting pre – arrest anticipatory bail. The concerned court has the discretion to impose conditions for grant of anticipatory bail including a limited period of protection etc., subject to considering any special circumstances required.Q.C has sought anticipatory bail under Section 438 of the CrPC for a bailable offense, and the court has granted anticipatory bail valid for 15 days. After the expiration of this 15-day period, C is concerned about the possibility of being arrested once more. Is it possible for C to submit another application for anticipatory bail?

Direction: Read the following passage carefully and answer the questions given below:Supreme Court has held in March 2023 Judgment that the day of remand is to be included for considering for considering a claim for default bail. An accused becomes entitled to default bail if the chargesheet isnt filed by 61st or if given extension by the court on 91st day of the remand, the 3 judge bench stated. Under Section 437(5)of CrPC, the court whichhas granted bail can cancel it, if found necessary undercertain conditions. As per section 439(2), the Sessions Court, High Court, or Supreme Court can, suo moto, cancel the bail granted to the accused and transfer the accused to custody. As per section 389(2),an appellate court can also cancel the bail of the accused and order the accused to be arrested and sent to custody.Generally during first violaton of a bail restriction, explanation is asked from the accused rather than direct cancellation of bail.In Re: Digendra Sarkar– Under Section 438 of the CrPC, the application for anticipatory bail applied even before the First Information Report is registered. So, First Information Report cannot be a condition precedent to applying for anticipatory bail. In Suresh Vasudeva vs. State– Section 438(1) applies only to non-bailable offences. Lastly in Sushila Agarwal vs. State– Supreme Court held that anticipatory bail should not be for a fixed period, but it is open to the court to limit the tenure of anticipatory bail if any special condition necessitates the same. In Gurbaksha Singh Sibbia and others vs. The State of Punjab– the Supreme Court opined that there are no provisions in the CrPC regarding time boundness of granting pre – arrest anticipatory bail. The concerned court has the discretion to impose conditions for grant of anticipatory bail including a limited period of protection etc., subject to considering any special circumstances required.Q. A has been arrested for a non-bailable offense and has been granted anticipatory bail under Section 438 of the CrPC. However, the court imposed a condition requiring A to visit the police station daily for a week. Unfortunately, A fails to comply with this condition by not reporting to the police station for two consecutive days. What actions can the court take in response?

Direction: Read the following passage carefully and answer the questions given below:Supreme Court has held in March 2023 Judgment that the day of remand is to be included for considering for considering a claim for default bail. An accused becomes entitled to default bail if the chargesheet isnt filed by 61st or if given extension by the court on 91st day of the remand, the 3 judge bench stated. Under Section 437(5)of CrPC, the court whichhas granted bail can cancel it, if found necessary undercertain conditions. As per section 439(2), the Sessions Court, High Court, or Supreme Court can, suo moto, cancel the bail granted to the accused and transfer the accused to custody. As per section 389(2),an appellate court can also cancel the bail of the accused and order the accused to be arrested and sent to custody.Generally during first violaton of a bail restriction, explanation is asked from the accused rather than direct cancellation of bail.In Re: Digendra Sarkar– Under Section 438 of the CrPC, the application for anticipatory bail applied even before the First Information Report is registered. So, First Information Report cannot be a condition precedent to applying for anticipatory bail. In Suresh Vasudeva vs. State– Section 438(1) applies only to non-bailable offences. Lastly in Sushila Agarwal vs. State– Supreme Court held that anticipatory bail should not be for a fixed period, but it is open to the court to limit the tenure of anticipatory bail if any special condition necessitates the same. In Gurbaksha Singh Sibbia and others vs. The State of Punjab– the Supreme Court opined that there are no provisions in the CrPC regarding time boundness of granting pre – arrest anticipatory bail. The concerned court has the discretion to impose conditions for grant of anticipatory bail including a limited period of protection etc., subject to considering any special circumstances required.Q.What did the Supreme Court hold in the case of Gurbaksha Singh Sibbia and others vs. The State of Punjab regarding anticipatory bail?

Direction: Read the following passage carefully and answer the questions given below:Supreme Court has held in March 2023 Judgment that the day of remand is to be included for considering for considering a claim for default bail. An accused becomes entitled to default bail if the chargesheet isnt filed by 61st or if given extension by the court on 91st day of the remand, the 3 judge bench stated. Under Section 437(5)of CrPC, the court whichhas granted bail can cancel it, if found necessary undercertain conditions. As per section 439(2), the Sessions Court, High Court, or Supreme Court can, suo moto, cancel the bail granted to the accused and transfer the accused to custody. As per section 389(2),an appellate court can also cancel the bail of the accused and order the accused to be arrested and sent to custody.Generally during first violaton of a bail restriction, explanation is asked from the accused rather than direct cancellation of bail.In Re: Digendra Sarkar– Under Section 438 of the CrPC, the application for anticipatory bail applied even before the First Information Report is registered. So, First Information Report cannot be a condition precedent to applying for anticipatory bail. In Suresh Vasudeva vs. State– Section 438(1) applies only to non-bailable offences. Lastly in Sushila Agarwal vs. State– Supreme Court held that anticipatory bail should not be for a fixed period, but it is open to the court to limit the tenure of anticipatory bail if any special condition necessitates the same. In Gurbaksha Singh Sibbia and others vs. The State of Punjab– the Supreme Court opined that there are no provisions in the CrPC regarding time boundness of granting pre – arrest anticipatory bail. The concerned court has the discretion to impose conditions for grant of anticipatory bail including a limited period of protection etc., subject to considering any special circumstances required.Q.In a scenario where an individual accused of a non-bailable offense has obtained anticipatory bail from a Sessions Court but faces an appeal from the prosecution in the High Court, is it within the High Courts authority to revoke the anticipatory bail granted by the Sessions Court?

Read the information given below carefully and answer the following question.Black’s Law Dictionary describes ‘bail’ as procuring “the release of a person from legal custody, by undertaking that he shall appear at the time and place designated and submit himself to the jurisdiction and judgement of the court.”In the 1973 case Supt. and Remembrancer of Legal Affairs v. Amiya Kumar Roy Choudhry, the Calcutta High Court explained the principle behind giving bail: “The law of bails… has to dovetail two conflicting demands, namely, on one hand, the requirements of the society for being shielded from the hazards of being exposed to the misadventures of a person alleged to have committed a crime; and on the other, the fundamental canon of criminal jurisprudence viz. the presumption of innocence of an accused till he is found guilty.”As opposed to ordinary bail, which is granted to a person who is under arrest, in anticipatory bail, a person is directed to be released on bail even before arrest made.Section 438 of the Code of Criminal Procedure, 1973, lays down the law on anticipatory bail. Sub-section (1) of the provision reads: “When any person has reason to believe that he may be arrested on an accusation of having committed a non-bailable offence, he may apply to the High Court or the Court of Session for a direction under this section; and that Court may, if it thinks fit, direct that in the event of such arrest, he shall be released on bail.”The provision empowers only the Sessions Court and High Court to grant anticipatory bail.Anticipatory bail became part of the new CrPC in 1973 (when the latter replaced the older Code of 1898), after the 41st Law Commission Report of 1969 recommended the inclusion of the provision.The report said, “The necessity for granting anticipatory bail arises mainly because sometimes influential persons try to implicate their rivals in false cases for the purpose of disgracing them or for other purposes by getting them detained in jail for some days… Apart from false cases, where there are reasonable grounds for holding that a person accused of an offence is not likely to abscond, or otherwise misuse his liberty while on bail, there seems no justification to require him first to submit to custody, remain in prison for some days and then apply for bail.”In the 1980 Gurbaksh Singh Sibbia vs State of Punjab case, a five-judge Supreme Court bench led by then Chief Justice Y V Chandrachud ruled that S. 438 (1) is to be interpreted in the light of Article 21 of the Constitution (protection of life and personal liberty).It also observed, “It may perhaps be right to describe the power (of anticipatory bail) as of an extraordinary character… But this does not justify the conclusion that the power must be exercised in exceptional cases only, because it is of an extra-ordinary character. We will really be saying once too often that all discretion has to be exercised with care and circumspection depending on circumstances justifying its exercise.”While granting anticipatory bail, the Sessions Court or High Court can impose the conditions laid down in sub-section (2).Section 438(2) reads: “When the High Court or the Court of Session makes a direction under sub-section (1), it may include such conditions in such directions in the light of the facts of the particular case, as it may think fit, including —(i) a condition that the person shall make himself available for interrogation by a police officer as and when required;(ii) a condition that the person shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer;(iii) a condition that the person shall not leave India without the previous permission of the Court”Q.Aquaman is opposing the demand of anticipatory bail by Ursuala. In the above fact based on the information in the given passage, which of the following, if correct, would most strengthen Aquaman’s case?

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Direction: Read the following passage carefully and answer the questions given below:Supreme Court has held in March 2023 Judgment that the day of remand is to be included for considering for considering a claim for default bail. An accused becomes entitled to default bail if the chargesheet isnt filed by 61st or if given extension by the court on 91st day of the remand, the 3 judge bench stated. Under Section 437(5)of CrPC, the court whichhas granted bail can cancel it, if found necessary undercertain conditions. As per section 439(2), the Sessions Court, High Court, or Supreme Court can, suo moto, cancel the bail granted to the accused and transfer the accused to custody. As per section 389(2),an appellate court can also cancel the bail of the accused and order the accused to be arrested and sent to custody.Generally during first violaton of a bail restriction, explanation is asked from the accused rather than direct cancellation of bail.In Re: Digendra Sarkar– Under Section 438 of the CrPC, the application for anticipatory bail applied even before the First Information Report is registered. So, First Information Report cannot be a condition precedent to applying for anticipatory bail. In Suresh Vasudeva vs. State– Section 438(1) applies only to non-bailable offences. Lastly in Sushila Agarwal vs. State– Supreme Court held that anticipatory bail should not be for a fixed period, but it is open to the court to limit the tenure of anticipatory bail if any special condition necessitates the same. In Gurbaksha Singh Sibbia and others vs. The State of Punjab– the Supreme Court opined that there are no provisions in the CrPC regarding time boundness of granting pre – arrest anticipatory bail. The concerned court has the discretion to impose conditions for grant of anticipatory bail including a limited period of protection etc., subject to considering any special circumstances required.Q.What does Section 437(5) of CrPC allow the court to do regarding bail?a)It allows the court to grant bail under any circumstances.b)It allows the court to extend the duration of bail without conditions.c)It allows the court to cancel bail under certain conditions.d)It allows the court to transfer the accused to another jurisdiction.Correct answer is option 'C'. Can you explain this answer?
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Direction: Read the following passage carefully and answer the questions given below:Supreme Court has held in March 2023 Judgment that the day of remand is to be included for considering for considering a claim for default bail. An accused becomes entitled to default bail if the chargesheet isnt filed by 61st or if given extension by the court on 91st day of the remand, the 3 judge bench stated. Under Section 437(5)of CrPC, the court whichhas granted bail can cancel it, if found necessary undercertain conditions. As per section 439(2), the Sessions Court, High Court, or Supreme Court can, suo moto, cancel the bail granted to the accused and transfer the accused to custody. As per section 389(2),an appellate court can also cancel the bail of the accused and order the accused to be arrested and sent to custody.Generally during first violaton of a bail restriction, explanation is asked from the accused rather than direct cancellation of bail.In Re: Digendra Sarkar– Under Section 438 of the CrPC, the application for anticipatory bail applied even before the First Information Report is registered. So, First Information Report cannot be a condition precedent to applying for anticipatory bail. In Suresh Vasudeva vs. State– Section 438(1) applies only to non-bailable offences. Lastly in Sushila Agarwal vs. State– Supreme Court held that anticipatory bail should not be for a fixed period, but it is open to the court to limit the tenure of anticipatory bail if any special condition necessitates the same. In Gurbaksha Singh Sibbia and others vs. The State of Punjab– the Supreme Court opined that there are no provisions in the CrPC regarding time boundness of granting pre – arrest anticipatory bail. The concerned court has the discretion to impose conditions for grant of anticipatory bail including a limited period of protection etc., subject to considering any special circumstances required.Q.What does Section 437(5) of CrPC allow the court to do regarding bail?a)It allows the court to grant bail under any circumstances.b)It allows the court to extend the duration of bail without conditions.c)It allows the court to cancel bail under certain conditions.d)It allows the court to transfer the accused to another jurisdiction.Correct answer is option 'C'. Can you explain this answer? for CLAT 2025 is part of CLAT preparation. The Question and answers have been prepared according to the CLAT exam syllabus. Information about Direction: Read the following passage carefully and answer the questions given below:Supreme Court has held in March 2023 Judgment that the day of remand is to be included for considering for considering a claim for default bail. An accused becomes entitled to default bail if the chargesheet isnt filed by 61st or if given extension by the court on 91st day of the remand, the 3 judge bench stated. Under Section 437(5)of CrPC, the court whichhas granted bail can cancel it, if found necessary undercertain conditions. As per section 439(2), the Sessions Court, High Court, or Supreme Court can, suo moto, cancel the bail granted to the accused and transfer the accused to custody. As per section 389(2),an appellate court can also cancel the bail of the accused and order the accused to be arrested and sent to custody.Generally during first violaton of a bail restriction, explanation is asked from the accused rather than direct cancellation of bail.In Re: Digendra Sarkar– Under Section 438 of the CrPC, the application for anticipatory bail applied even before the First Information Report is registered. So, First Information Report cannot be a condition precedent to applying for anticipatory bail. In Suresh Vasudeva vs. State– Section 438(1) applies only to non-bailable offences. Lastly in Sushila Agarwal vs. State– Supreme Court held that anticipatory bail should not be for a fixed period, but it is open to the court to limit the tenure of anticipatory bail if any special condition necessitates the same. In Gurbaksha Singh Sibbia and others vs. The State of Punjab– the Supreme Court opined that there are no provisions in the CrPC regarding time boundness of granting pre – arrest anticipatory bail. The concerned court has the discretion to impose conditions for grant of anticipatory bail including a limited period of protection etc., subject to considering any special circumstances required.Q.What does Section 437(5) of CrPC allow the court to do regarding bail?a)It allows the court to grant bail under any circumstances.b)It allows the court to extend the duration of bail without conditions.c)It allows the court to cancel bail under certain conditions.d)It allows the court to transfer the accused to another jurisdiction.Correct answer is option 'C'. Can you explain this answer? covers all topics & solutions for CLAT 2025 Exam. Find important definitions, questions, meanings, examples, exercises and tests below for Direction: Read the following passage carefully and answer the questions given below:Supreme Court has held in March 2023 Judgment that the day of remand is to be included for considering for considering a claim for default bail. An accused becomes entitled to default bail if the chargesheet isnt filed by 61st or if given extension by the court on 91st day of the remand, the 3 judge bench stated. Under Section 437(5)of CrPC, the court whichhas granted bail can cancel it, if found necessary undercertain conditions. As per section 439(2), the Sessions Court, High Court, or Supreme Court can, suo moto, cancel the bail granted to the accused and transfer the accused to custody. As per section 389(2),an appellate court can also cancel the bail of the accused and order the accused to be arrested and sent to custody.Generally during first violaton of a bail restriction, explanation is asked from the accused rather than direct cancellation of bail.In Re: Digendra Sarkar– Under Section 438 of the CrPC, the application for anticipatory bail applied even before the First Information Report is registered. So, First Information Report cannot be a condition precedent to applying for anticipatory bail. In Suresh Vasudeva vs. State– Section 438(1) applies only to non-bailable offences. Lastly in Sushila Agarwal vs. State– Supreme Court held that anticipatory bail should not be for a fixed period, but it is open to the court to limit the tenure of anticipatory bail if any special condition necessitates the same. In Gurbaksha Singh Sibbia and others vs. The State of Punjab– the Supreme Court opined that there are no provisions in the CrPC regarding time boundness of granting pre – arrest anticipatory bail. The concerned court has the discretion to impose conditions for grant of anticipatory bail including a limited period of protection etc., subject to considering any special circumstances required.Q.What does Section 437(5) of CrPC allow the court to do regarding bail?a)It allows the court to grant bail under any circumstances.b)It allows the court to extend the duration of bail without conditions.c)It allows the court to cancel bail under certain conditions.d)It allows the court to transfer the accused to another jurisdiction.Correct answer is option 'C'. Can you explain this answer?.
Solutions for Direction: Read the following passage carefully and answer the questions given below:Supreme Court has held in March 2023 Judgment that the day of remand is to be included for considering for considering a claim for default bail. An accused becomes entitled to default bail if the chargesheet isnt filed by 61st or if given extension by the court on 91st day of the remand, the 3 judge bench stated. Under Section 437(5)of CrPC, the court whichhas granted bail can cancel it, if found necessary undercertain conditions. As per section 439(2), the Sessions Court, High Court, or Supreme Court can, suo moto, cancel the bail granted to the accused and transfer the accused to custody. As per section 389(2),an appellate court can also cancel the bail of the accused and order the accused to be arrested and sent to custody.Generally during first violaton of a bail restriction, explanation is asked from the accused rather than direct cancellation of bail.In Re: Digendra Sarkar– Under Section 438 of the CrPC, the application for anticipatory bail applied even before the First Information Report is registered. So, First Information Report cannot be a condition precedent to applying for anticipatory bail. In Suresh Vasudeva vs. State– Section 438(1) applies only to non-bailable offences. Lastly in Sushila Agarwal vs. State– Supreme Court held that anticipatory bail should not be for a fixed period, but it is open to the court to limit the tenure of anticipatory bail if any special condition necessitates the same. In Gurbaksha Singh Sibbia and others vs. The State of Punjab– the Supreme Court opined that there are no provisions in the CrPC regarding time boundness of granting pre – arrest anticipatory bail. The concerned court has the discretion to impose conditions for grant of anticipatory bail including a limited period of protection etc., subject to considering any special circumstances required.Q.What does Section 437(5) of CrPC allow the court to do regarding bail?a)It allows the court to grant bail under any circumstances.b)It allows the court to extend the duration of bail without conditions.c)It allows the court to cancel bail under certain conditions.d)It allows the court to transfer the accused to another jurisdiction.Correct answer is option 'C'. Can you explain this answer? in English & in Hindi are available as part of our courses for CLAT. Download more important topics, notes, lectures and mock test series for CLAT Exam by signing up for free.
Here you can find the meaning of Direction: Read the following passage carefully and answer the questions given below:Supreme Court has held in March 2023 Judgment that the day of remand is to be included for considering for considering a claim for default bail. An accused becomes entitled to default bail if the chargesheet isnt filed by 61st or if given extension by the court on 91st day of the remand, the 3 judge bench stated. Under Section 437(5)of CrPC, the court whichhas granted bail can cancel it, if found necessary undercertain conditions. As per section 439(2), the Sessions Court, High Court, or Supreme Court can, suo moto, cancel the bail granted to the accused and transfer the accused to custody. As per section 389(2),an appellate court can also cancel the bail of the accused and order the accused to be arrested and sent to custody.Generally during first violaton of a bail restriction, explanation is asked from the accused rather than direct cancellation of bail.In Re: Digendra Sarkar– Under Section 438 of the CrPC, the application for anticipatory bail applied even before the First Information Report is registered. So, First Information Report cannot be a condition precedent to applying for anticipatory bail. In Suresh Vasudeva vs. State– Section 438(1) applies only to non-bailable offences. Lastly in Sushila Agarwal vs. State– Supreme Court held that anticipatory bail should not be for a fixed period, but it is open to the court to limit the tenure of anticipatory bail if any special condition necessitates the same. In Gurbaksha Singh Sibbia and others vs. The State of Punjab– the Supreme Court opined that there are no provisions in the CrPC regarding time boundness of granting pre – arrest anticipatory bail. The concerned court has the discretion to impose conditions for grant of anticipatory bail including a limited period of protection etc., subject to considering any special circumstances required.Q.What does Section 437(5) of CrPC allow the court to do regarding bail?a)It allows the court to grant bail under any circumstances.b)It allows the court to extend the duration of bail without conditions.c)It allows the court to cancel bail under certain conditions.d)It allows the court to transfer the accused to another jurisdiction.Correct answer is option 'C'. Can you explain this answer? defined & explained in the simplest way possible. Besides giving the explanation of Direction: Read the following passage carefully and answer the questions given below:Supreme Court has held in March 2023 Judgment that the day of remand is to be included for considering for considering a claim for default bail. An accused becomes entitled to default bail if the chargesheet isnt filed by 61st or if given extension by the court on 91st day of the remand, the 3 judge bench stated. Under Section 437(5)of CrPC, the court whichhas granted bail can cancel it, if found necessary undercertain conditions. As per section 439(2), the Sessions Court, High Court, or Supreme Court can, suo moto, cancel the bail granted to the accused and transfer the accused to custody. As per section 389(2),an appellate court can also cancel the bail of the accused and order the accused to be arrested and sent to custody.Generally during first violaton of a bail restriction, explanation is asked from the accused rather than direct cancellation of bail.In Re: Digendra Sarkar– Under Section 438 of the CrPC, the application for anticipatory bail applied even before the First Information Report is registered. So, First Information Report cannot be a condition precedent to applying for anticipatory bail. In Suresh Vasudeva vs. State– Section 438(1) applies only to non-bailable offences. Lastly in Sushila Agarwal vs. State– Supreme Court held that anticipatory bail should not be for a fixed period, but it is open to the court to limit the tenure of anticipatory bail if any special condition necessitates the same. In Gurbaksha Singh Sibbia and others vs. The State of Punjab– the Supreme Court opined that there are no provisions in the CrPC regarding time boundness of granting pre – arrest anticipatory bail. The concerned court has the discretion to impose conditions for grant of anticipatory bail including a limited period of protection etc., subject to considering any special circumstances required.Q.What does Section 437(5) of CrPC allow the court to do regarding bail?a)It allows the court to grant bail under any circumstances.b)It allows the court to extend the duration of bail without conditions.c)It allows the court to cancel bail under certain conditions.d)It allows the court to transfer the accused to another jurisdiction.Correct answer is option 'C'. Can you explain this answer?, a detailed solution for Direction: Read the following passage carefully and answer the questions given below:Supreme Court has held in March 2023 Judgment that the day of remand is to be included for considering for considering a claim for default bail. An accused becomes entitled to default bail if the chargesheet isnt filed by 61st or if given extension by the court on 91st day of the remand, the 3 judge bench stated. Under Section 437(5)of CrPC, the court whichhas granted bail can cancel it, if found necessary undercertain conditions. As per section 439(2), the Sessions Court, High Court, or Supreme Court can, suo moto, cancel the bail granted to the accused and transfer the accused to custody. As per section 389(2),an appellate court can also cancel the bail of the accused and order the accused to be arrested and sent to custody.Generally during first violaton of a bail restriction, explanation is asked from the accused rather than direct cancellation of bail.In Re: Digendra Sarkar– Under Section 438 of the CrPC, the application for anticipatory bail applied even before the First Information Report is registered. So, First Information Report cannot be a condition precedent to applying for anticipatory bail. In Suresh Vasudeva vs. State– Section 438(1) applies only to non-bailable offences. Lastly in Sushila Agarwal vs. State– Supreme Court held that anticipatory bail should not be for a fixed period, but it is open to the court to limit the tenure of anticipatory bail if any special condition necessitates the same. In Gurbaksha Singh Sibbia and others vs. The State of Punjab– the Supreme Court opined that there are no provisions in the CrPC regarding time boundness of granting pre – arrest anticipatory bail. The concerned court has the discretion to impose conditions for grant of anticipatory bail including a limited period of protection etc., subject to considering any special circumstances required.Q.What does Section 437(5) of CrPC allow the court to do regarding bail?a)It allows the court to grant bail under any circumstances.b)It allows the court to extend the duration of bail without conditions.c)It allows the court to cancel bail under certain conditions.d)It allows the court to transfer the accused to another jurisdiction.Correct answer is option 'C'. Can you explain this answer? has been provided alongside types of Direction: Read the following passage carefully and answer the questions given below:Supreme Court has held in March 2023 Judgment that the day of remand is to be included for considering for considering a claim for default bail. An accused becomes entitled to default bail if the chargesheet isnt filed by 61st or if given extension by the court on 91st day of the remand, the 3 judge bench stated. Under Section 437(5)of CrPC, the court whichhas granted bail can cancel it, if found necessary undercertain conditions. As per section 439(2), the Sessions Court, High Court, or Supreme Court can, suo moto, cancel the bail granted to the accused and transfer the accused to custody. As per section 389(2),an appellate court can also cancel the bail of the accused and order the accused to be arrested and sent to custody.Generally during first violaton of a bail restriction, explanation is asked from the accused rather than direct cancellation of bail.In Re: Digendra Sarkar– Under Section 438 of the CrPC, the application for anticipatory bail applied even before the First Information Report is registered. So, First Information Report cannot be a condition precedent to applying for anticipatory bail. In Suresh Vasudeva vs. State– Section 438(1) applies only to non-bailable offences. Lastly in Sushila Agarwal vs. State– Supreme Court held that anticipatory bail should not be for a fixed period, but it is open to the court to limit the tenure of anticipatory bail if any special condition necessitates the same. In Gurbaksha Singh Sibbia and others vs. The State of Punjab– the Supreme Court opined that there are no provisions in the CrPC regarding time boundness of granting pre – arrest anticipatory bail. The concerned court has the discretion to impose conditions for grant of anticipatory bail including a limited period of protection etc., subject to considering any special circumstances required.Q.What does Section 437(5) of CrPC allow the court to do regarding bail?a)It allows the court to grant bail under any circumstances.b)It allows the court to extend the duration of bail without conditions.c)It allows the court to cancel bail under certain conditions.d)It allows the court to transfer the accused to another jurisdiction.Correct answer is option 'C'. Can you explain this answer? theory, EduRev gives you an ample number of questions to practice Direction: Read the following passage carefully and answer the questions given below:Supreme Court has held in March 2023 Judgment that the day of remand is to be included for considering for considering a claim for default bail. An accused becomes entitled to default bail if the chargesheet isnt filed by 61st or if given extension by the court on 91st day of the remand, the 3 judge bench stated. Under Section 437(5)of CrPC, the court whichhas granted bail can cancel it, if found necessary undercertain conditions. As per section 439(2), the Sessions Court, High Court, or Supreme Court can, suo moto, cancel the bail granted to the accused and transfer the accused to custody. As per section 389(2),an appellate court can also cancel the bail of the accused and order the accused to be arrested and sent to custody.Generally during first violaton of a bail restriction, explanation is asked from the accused rather than direct cancellation of bail.In Re: Digendra Sarkar– Under Section 438 of the CrPC, the application for anticipatory bail applied even before the First Information Report is registered. So, First Information Report cannot be a condition precedent to applying for anticipatory bail. In Suresh Vasudeva vs. State– Section 438(1) applies only to non-bailable offences. Lastly in Sushila Agarwal vs. State– Supreme Court held that anticipatory bail should not be for a fixed period, but it is open to the court to limit the tenure of anticipatory bail if any special condition necessitates the same. In Gurbaksha Singh Sibbia and others vs. The State of Punjab– the Supreme Court opined that there are no provisions in the CrPC regarding time boundness of granting pre – arrest anticipatory bail. The concerned court has the discretion to impose conditions for grant of anticipatory bail including a limited period of protection etc., subject to considering any special circumstances required.Q.What does Section 437(5) of CrPC allow the court to do regarding bail?a)It allows the court to grant bail under any circumstances.b)It allows the court to extend the duration of bail without conditions.c)It allows the court to cancel bail under certain conditions.d)It allows the court to transfer the accused to another jurisdiction.Correct answer is option 'C'. Can you explain this answer? tests, examples and also practice CLAT tests.
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