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**Anticipatory bail** under Section 438 CrPC is available to a person:
A{'text': 'Who has been arrested for a bailable offence and is being produced before the Magistrate for the first hearing', 'label': 'A'}
B{'text': 'Who has been summoned as a witness in a criminal case and wishes to avoid attending the court hearings', 'label': 'B'}
C{'text': 'Who has already been convicted by a competent court and wishes to suspend the sentence pending the appeal', 'label': 'C'}
D{'text': 'Who has reason to believe that he may be arrested on an accusation of having committed a non-bailable offence', 'label': 'D'}
Answer & Solution
Correct answer: D. {'text': 'Who has reason to believe that he may be arrested on an accusation of having committed a non-bailable offence', 'label': 'D'}
1. Section 438 CrPC empowers the **High Court or the Court of Session** to grant anticipatory bail.
2. The lesson reproduces the exact trigger: a person "has reason to believe that he may be arrested on an accusation of having committed a **non-bailable offence**".
3. The Court may direct that in the event of such arrest, he shall be released on bail on such conditions as the Court may impose.
4. Convicts seeking sentence suspension and witnesses avoiding attendance do not fall under section 438.
_Source: ICSI CS Executive Paper 1 — Jurisprudence, Interpretation & General Laws, Lesson 10 (Code of Criminal Procedure, 1973), pp. 244-249._
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