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section 438 Crpc

  Gurbaksh Singh Sibbia  v  State of Punjab AIR 1980 By Mariya The present case deals with Anticipatory bail which is not defined anywhere in any of the Indian legislations. But Section-438 of The Code of Criminal Procedure,1973(Cr.P. C.) provides for bail in anticipation of arrest. It is true that there is no question for bail when there is no arrest, ‘Anticipatory bail’ is a misnomer as it is a bail granted in anticipation of arrest. There are three types of bail given under CRPC i.e. Ordinary Bail, Default bail, and Anticipatory bail. The former is granted after the arrest is made whereas the latter is granted in anticipation of arrest. Analysis of the case Appellant : Minister of Irrigation and power under the Congress regime. Respondent : State BENCH : Chief Justice Y.V.Chandrachud, P.N. Bhagwati, Untwalia, N.L.Pathak, R.S. Reddy, O. Chinappa (J) 5 Judges bench. Facts of the case: The Appellant was a Minister of Irrigation and Power and has been accused of Corruption...