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Jurisdiction to grant 'anticipatory bail' vests with
Question

Jurisdiction to grant 'anticipatory bail' vests with

A.

Chief Judicial Magistrate

B.

The Court of Sessions only

C.

The High Court only

D.

Both (b) and (c)

Correct option is D


The jurisdiction to grant anticipatory bail under Section 438 of the Cr.P.C. lies with both the Court of Sessions and the High Court. Anticipatory bail is granted in anticipation of arrest, and either of these courts can issue such an order based on the circumstances of the case.
Information Booster Anticipatory bail is a pre-arrest legal process that ensures that an individual is not taken into custody without sufficient grounds. It is a preventive relief granted when there is a reasonable apprehension of arrest on false or trumped-up charges.
Additional Knowledge
· Chief Judicial Magistrate: Does not have the authority to grant anticipatory bail, which is a power specifically conferred on the Court of Sessions and the High Court.
· Section 438 Cr.P.C.: Details the provisions and conditions under which anticipatory bail can be granted.

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