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Section 438 Advantages And Disadvantages

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Though section 438 applies only to non-cognizable offence, it is not essential that the offence must also be a cognizable one.

The power under section 438 is of extraordinary character and must be exercised sparingly in exceptional case only .

The power under section 438 is not unguided or uncanalised but all the limitation imposed in the preceding section 437 are implicit petitioner must make out a special case for the exercise of the power to grant anticipatory bail .

The discretion under section 438 is not to be exercised with regard to offence punishable with death or imprisonment for life unless the court at the very stage is satisfied that such a charge appears to be false or groundless .
The court should not ordinarily grant anticipatory

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