How do I grant anticipatory bail?Asked by: Ms. Amalia Nader | Last update: February 19, 2022
Score: 4.9/5 (47 votes)
On filing anticipatory bail, the opposing party is notified about the bail application and the opposition can then contest the bail application in court (public prosecutor can also be used to do this). Anticipatory bail is a direction to release a person on bail, issued even before the person is arrested.
What is the procedure of anticipatory bail?
- Contact a lawyer to apply for pre-arrest notice/notice bail, and anticipatory bail. ...
- Get the lawyer to draft an anticipatory bail mentioning your version of the facts. ...
- Apply at the appropriate district court or high court. ...
- Hearing of the Bail Application.
On what grounds anticipatory bail can be granted?
Conditions for Anticipatory Bail
a. The applicant has to make himself available for interrogation by a police officer as directed by the court or as required by the police officer. b. The applicant should not leave the country without the previous permissions of the court.
Is it easy to get anticipatory bail?
Anticipatory bail can be obtained by a person who anticipates arrest. Hence, anticipatory bail is a direction to release a person on bail, even before the person is arrested. Anticipatory bail is applied for under Section 438 of the Criminal Procedure Code.
When can anticipatory bail be granted or refused?
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.
Step by step process of applying for anticipatory bail
How long is anticipatory bail valid?
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 many days it will take to get 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.
What happens if anticipatory bail is rejected?
(c) If the Sessions Court rejects the application, it shall mandatorily extend the interim protection operating in favour of the accused for a minimum period of three (3) working days on the same conditions on which interim protection was granted during pendency of an ABA or on such further conditions as the Sessions ...
Can Supreme Court grant anticipatory bail?
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.
Can anticipatory bail be filed directly to high court?
Yes you can go to the high court directly for anticipatory bail. ... Moreover its posibble in youe case to reject your plea as it has to be rejected by lower court.
Who can grant regular bail?
The provisions of S 437 empower 2 authorities specifically a court is an officer-in-charge of the station to grant bail to one who has been suspect of commission of a non-bailable offence. Since the ability to grant bail is permissive/discretionary and elective, it's to be exercised judiciously.
Who can grant a bail?
Section 437, Criminal Procedure Code, deals with the powers of the trial court and of the Magistrate to whom the offender is produced by the police or the accused surrenders or appears, to grant or refuse bail to person accused of,or suspected of the commission of any non-bailable offence.
Can anticipatory bail be filed 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."
What happens after anticipatory bail is granted?
A anticipatory bail is granted in anticipation of arrest. After the court grants it, you are free to go and you have to honour the terms of the bail application. No you don't have to go to the police station. You have yo be present at the trial and cooperate with the investigation.
On what grounds anticipatory bail can be Cancelled?
Generally speaking, the grounds for cancellation of bail, broadly (illustrative and not exhaustive) are: interference or attempt to interfere with the due course of administration of Justice or evasion or attempt to evade the due course of justice or abuse of the concession granted to the accused in any manner.
Can anticipatory bail be filed twice?
First, successive anticipatory bail can be filed only if there is a rejection in the first application, second if there is a change in circumstances and facts in the same case respective to the first application like filing a charge sheet, favourable evidence by investigation department or recorded evidence against the ...
How many times can apply for bail?
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.
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 before FIR?
Anticipatory bail can be sought even before the filing of FIR if you can justify your apprehension of being arrested. It is possible. You can file an application for anticipatory bail even if a FIR is not registered.
Is anticipatory bail amount refundable in India?
Is bail amount refundable India? No. ... Bail amount can not be refunded. The bail amount is deposited for securing release pending trial, hence once you deposit such amount you get out of prison.
Who can be a surety for anticipatory bail?
Any natural person can be a surety. Artificial person or corporation cannot be a surety. [ii] According to section 441(4) of the Code of Criminal Procedure, Magistrate can check fitness or sufficiency of surety and may reject surety if not satisfied about reliability, identity, fitness or sufficiency of surety.
Can interim bail be converted to regular bail?
The High Court while referring to the Top Court's order dated October 7, 2020 had observed that there was no question of filing a second anticipatory bail application and the applicants should have complied with the direction of the Supreme Court by surrendering before the lower court and moving for regular bail.
How do I write a surrender petition?
The copy of the medical certificate issued by ____ has already been placed on record on ____. It is further submitted that the applicant/accused appeared before this Hon'ble court on____ and the case was adjourned for ____. 4- That now the applicant is surrendering herself today before this Hon'ble court.
How do you get anticipatory bail in 498A case?
- Immediately contact a good lawyer to apply for pre-arrest notice and anticipatory bail.
- Draft an anticipatory bail application along with your lawyer and sign it.
- The application must also include an affidavit in support of it.
What is the difference between anticipatory bail and regular 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.