2023 (7) TMI 1395

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..... here is not even a proposal to arrest the accused - HELD THAT:- In view of the specific statement by learned senior counsel for the petitioner that there is no apprehension of arrest, the impugned order on the face of it requires an examination. Hence, the operation of the impugned order is stayed. However, in the event the department feels the necessity of affecting arrest of the accused, he shal .....

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..... t states that the impugned order is illegal on the face of it as the department had specifically submitted before the learned Special Judge that there is not even a proposal to arrest the accused. Learned counsel submits that in absence of apprehension of arrest, the anticipatory bail could not have been granted. Learned counsel submits that even a petition bearing Crl. M.C. No.4372/2023 was filed .....

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..... der that in view of the specific statement by learned senior counsel for the petitioner that there is no apprehension of arrest, the impugned order on the face of it requires an examination. Hence, the operation of the impugned order is stayed. However, in the event the department feels the necessity of affecting arrest of the accused, he shall be given seven days prior notice by the department. L .....

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