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Reason To Believe In Mere's Existence

Decent Essays
REASONABLE APPREHENSION OF ARREST FOR A NON-BAILABLE OFFENCE The use of the expression “reason to believe” shows that the belief that the applicant may be so arrested must be founded on reasonable grounds. Mere ‘fear’ is not ‘belief’ for which reason it is not enough for the applicant to show that he has some sort of a vague apprehension that someone is going to make an accusation against him, in pursuance of which he may be arrested. The grounds on which the belief of the applicant is based that he may be arrested for a non-bailable offence must be capable of being examined by the court objectively because it is then alone that the court can determine whether the applicant has reason to believe that he may be so arrested. The section cannot be invoked on the basis of vague and general allegations…show more content…
But the filing of a First Information Report is not a condition precedent to the exercise of power under s. 438; the imminence of a likely arrest founded on a reasonable
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