Can anticipatory bail be granted for a limited period?
Asked by: Mrs. Roslyn Sporer | Last update: July 9, 2022Score: 4.9/5 (5 votes)
14. The Constitution Bench in Sushila Aggarwal (supra) has authoritatively held that when a Court grants anticipatory bail under Section 438, Cr. P.C., the same is ordinarily not limited to a fixed period and would subsist till the end of the trial.
How long is anticipatory bail valid in India?
At the first stage, you will get an interim protection order which is valid till the final disposal of the anticipatory application. At the second stage, immediately after the Court receives CD from the police, you will get the bail order whose validity will be till the end of the GR case.
How long does it take to get anticipatory bail in India?
Sir normally the bail takes 15 to 30 days, as when you file a petition then the public prosecutor receives the petition he will file objections which takes few days, thereafter the arguments are heard then orders are passed , the whole process takes 15 to 30 days normally.
What is the duration of anticipatory bail?
While answering the second question the Hon'ble court held that, "the duration of an anticipatory bail order does not end normally at the time and stage when the accused is summoned by the court, or when charges are framed but can continue till the end of the trial.
How many days are required for anticipatory bail?
Sir, It may takes minimum 5 to 10 days. After filing Petition for anticipatory bail, the Police has to submit C.D report, thereafter the Public Prosecutor has to file Statement of Objections. After filing of objections, the advocates will be argued on the Petition. This is the procedure.
Can anticipatory bail be granted to Proclaimed offender?
Can anticipatory bail be granted in one day?
"An anticipatory bail plea cannot be disposed off on the same day! The courts are to pass an order posting them after 4 weeks or whenever the court has time. And they have to give reasons for any ad-interim relief!", Justice DY Chandrachud has remarked on Wednesday.
Can anticipatory bail be extended?
THE PUNJAB and Haryana High Court, while dismissing the anticipatory bail plea of an accused in a Negotiable Instruments (NI) Act case, has held that the scope of anticipatory bail cannot be extended to cases where such apprehension of arrest is on account of jumping bail.
Which cases anticipatory bail Cannot be granted?
The Karnataka High Court has said that once an accused has appeared before the court, either personally or through his counsel, he cannot seek anticipatory bail by invoking section 438 of the Criminal Procedure Code (CrPC).
On what grounds anticipatory bail is rejected?
A few circumstances under which Anticipatory Bail may be refused are: The possibility of the Applicant to abscond in the event cognizance is taken by the trial court or warrant of arrest has been issued by the trial court. If the prima facie case with which the Applicant has been charged can be made out.
Is Fir necessary for anticipatory bail?
ACT: Bail-Anticipatory Bail-Section 438 of the Code of Criminal Procedure Code, 1973 (Act 2 of 1974), Scope of- Judicial balancing of personal liberty and the investigational powers of the Police, explained.
Under what circumstances anticipatory bail can be granted?
Anticipatory bail can be granted for a non-bailable offence and will be valid only if the person has no direct connection or when the Court believes that the person is innocent.
How many times can anticipatory bail be filed?
Every citizen has right to file anticipatory bail as many times as they pleased if they believe that sooner or later they can be arrested for the crime they didn't commit.
Can anticipatory bail be filed twice?
Second or subsequent anticipatory bail application shall not be entertained on the ground of new circumstances, further developments, different considerations, some more details, new documents or illness of the accused.”
Can anticipatory bail be challenged?
In the case where the anticipatory bail application is dismissed by the court, the aggrieved person can challenge that order in the Higher Court. In case of dismissal of the anticipatory bail application by Sessions Court, the order can be challenged in the High Court.
Can a person go back to the session court after their bail got rejected by the High Court?
If the accused makes an application for anticipatory bail to the Sessions Judge and that application is rejected, he can make a subsequent application to the High Court. But after the High Court dismisses the anticipatory bail application, can the accused file another application under Section 438, Cr.
Can anticipatory bail be granted after chargesheet?
Supreme Court Observation
The Court observed: "Merely because it was kept open for the petitioners to surrender and apply for Regular Bail after filing of the charge sheet, the same does not preclude the petitioners to apply for anticipatory bail under Section 438 Cr. P.C. after filing of the charge sheet."
Can bail be granted before charge sheet?
The indefeasible right of an accused to seek statutory bail under Section 167(2) of the Code of Criminal Procedure arises only if the charge-sheet has not been filed before the expiry of the statutory period, the bench comprising Justices L. Nageswara Rao and BR Gavai observed.
How many times can bail be rejected?
Bail application once rejected can again be filed if there is any change in circumstances. There is no prohibition to file a successive bail application unless there is a change in circumstances. So as per rule of practice usually second bail application in the same court is filed after filing of chargesheet.
Why is bail rejected?
An order rejecting a plea for bail in non-bailable offences is in the discretionary domain of the Court and such a case can be decided without delving into details, it can be rejected simpliciter on the gravity of the offence and the perception that liberty, if granted, will be abused by the accused.
What is the cost of anticipatory bail in India?
An anticipatory bail can cost you around Rs. 25,000 to Rs. 30,000, depending on the seriousness of your case and the skills and experience of your lawyer.
Can anticipatory bail be filed in Supreme Court?
The Supreme Court has held that a superior court can set aside an anticipatory bail order if there is enough material to suggest that factors like gravity of the offence and the role of the accused in the crime were not considered by the lower court.
What is difference between bail and anticipatory bail?
While the anticipatory bail is applied for and granted before an arrest is made, the regular bail is applied for and granted after an arrest is made and the accused has spent some time in jail.
Can police officer grant bail?
An officer- in-charge of the police station may grant bail only when there are no reasonable grounds for believing that the accused has committed a non- bailable offence or when the non-bailable offence complained of is not punishable with death or life imprisonment.
What is interim anticipatory bail?
Interim bail is granted to an accused before the hearing for the grant of normal bail or anticipatory bail. • Anticipatory Bail: an individual who discerns that he could also be arrested by the police for a non-bailable offense, can apply for anticipatory bail.
In what cases bail will be granted?
If the accused is a woman or a child, bail can be granted in a non-bailable offence. If there is lack of evidence then bail in non-Bailable offences can be granted. If there is delay in lodging FIR by the complainant, bail may be granted. If the accused is gravely sick.