How do you draft anticipatory bail?
Asked by: Mrs. Elisha Frami | Last update: June 26, 2022Score: 4.2/5 (2 votes)
An anticipatory bail application should contain the details of FIR based on which the apprehension of arrest was drawn by the petitioner. In case an FIR has not been filed, the petitioner must present supporting documents or proof that proves his claim regarding the anticipation of arrest.
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.
How can I file anticipatory bail in India?
- 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.
Who grants anticipatory bail?
According to Section 438 of CrPC, a person having committed an offence anticipates his arrest wherein he can approach the High Court or the Sessions Court for anticipatory bail. It is at the discretion of the Court whether to grant bail or reject the same.
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.
Anticipatory Bail | FORMAT | COURT PROCEDURE | Sec. 438 CrPC | GO LEGAL | LEAGAL TIP
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.
Who can cancel anticipatory bail?
The power to cancel the Anticipatory Bail is vested with the Court who grants the same, which can be due to new or supervening circumstances arise after the release on bail such as abuse of liberty by hampering the investigation or tampering with witness or committing same or similar offence or a case is made out in a ...
What are the different grounds to get anticipatory bail?
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.
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).
Is case diary required for anticipatory bail?
P.C. has not been submitted by police and before expiry of the statutory period of detention under Sec. 167 Cr. P.C. The practice of using case diaries at the stage of consideration of bail is not only against the mandatory provisions of law, but the judicial pronouncements of different courts also prohibit the same.
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 ...
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.
When and on what grounds anticipatory bail is granted?
Section 438 of Criminal Procedure Code dealt with the Anticipatory Bail. This provision allows a person to seek bail in anticipation of an arrest on accusation of non-bail able offence having committed by him. It is a direction to release a person on bail, issued even before the person is arrested.
What is the procedure after anticipatory bail?
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.
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.
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 are the requirements for bail?
cash or check for the full amount of the bail. property worth the full amount of the bail. a bond (that is, a guaranteed payment of the full bail amount), or. a waiver of payment on the condition that the defendant appear in court at the required time (commonly called release on one's "own recognizance").
What are the 3 main grounds for refusing bail?
any financial loss the accused may suffer owing to the detention. any impediment to the preparation of the accused's defence or any delay in obtaining legal representation the detention might cause. the health of the accused. any other factor the court believes should be taken into account.
Can anticipatory bail be Cancelled by High Court?
Anticipatory Bail Granted Ignoring Material Aspects, Nature & Gravity Of Offence Liable To Be Cancelled: Supreme Court. The Supreme Court has observed that anticipatory bail granted ignoring material aspects including the nature and gravity of the offence is liable to be cancelled.
Can High Court reject bail?
In case the High Court rejects your bail application then you can file the application again before the Sessions Court on account of change in circumstances. The Sessions Court can grant bail upon a subsequent bail application only if there is change in circumstances.
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 filed in complaint case?
So it is submitted that structurally speaking application for grant of anticipatory bail in a complaint case is not possible. 32. It is also argued on behalf of the State that once a Magistrate takes cognizance on a complaint Sub-section (1) of Section 438 of the Code ceases to have any application.
Can anticipatory bail be granted in bailable offence?
The Bench of Justice Samit Gopal further clarified that anticipatory bail does not arise for an offence that is bailable and a direction for the same can be issued only in respect of non-bailable and cognizable offences.