What is anticipatory bail in India?
Asked by: Kiana Hills | Last update: December 21, 2022Score: 4.3/5 (49 votes)
India November 12 2021. Anticipatory bail, as the name suggests, is bail granted to a person in anticipation and apprehending arrest. It is a preventive relief which was not originally included in The Code of Criminal Procedure, 1973 ('CrPC').
What are the grounds for anticipatory bail?
At the time of approaching the Courts to secure Anticipatory Bail, one will need to establish that he has reasonable belief that he may be arrested on accusation of having committed a non-bailable offence or the trial court has taken cognizance of criminal complaint and summons or warrant has been issued against him.
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.
What is anticipatory bail cost 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.
What is the difference between regular 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.
What is Anticipatory Bail in Hindi | By Ishan
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.
What happens after anticipatory bail is granted?
When the court grants anticipatory bail, what it does is to make an order that in the event of arrest, a person shall be released on bail. Manifestly there is no question of release on bail unless a person is arrested, and therefore, it is only on arrest that the order granting anticipatory bail becomes operative1 .
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 happenings circumstances arise after the release on bail such as mistreatment of liberty by hampering the investigation or tampering with a witness or perpetrating same or comparable offence or a case is ...
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.
Is bail amount refundable?
No. The money that is held by courts through bail money or through other means (official liquidator or Court receiver) are interest free deposits. However courts through it's order/judgment may ask the litigating party to pay the principal or any other dues with interest to they other party. Was this answer helpful?
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).
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.
Is anticipatory bail amount refundable in India?
Is bail amount refundable India? No. The money that is held by courts through bail money or through other means (official liquidator or Court receiver) are interest free deposits. ... Bail amount can not be refunded.
What is the scope of anticipatory bail?
When a competent court grants `anticipatory bail', it makes an order that in the event of arrest, a person shall be released on bail. There is no question of release on bail unless a person is arrested and, therefore, it is only on arrest that the order granting anticipatory bail becomes operative.
Can bail be Cancelled?
Bail granted can be cancelled on the ground which has arisen after the bail was granted.:-It is generally presumed that at the time of hearing of the bail application, the prosecution has raised all possible grounds which could go against the accused in the matter of bail and, therefore, when once bail has been granted ...
Why is anticipatory bail important?
The necessity for granting anticipatory bail arises mainly because sometimes influential persons try to implicate their rivals in false cases for certain purpose There are reasonable grounds for holding that a person accused of an offense is not likely to abscond or otherwise misuse his liberty while on bail.
Can police cancel anticipatory?
Only High court and District court have power to grand Anticipatory bail. Police cannot cancel the bail granted by the the said court. The power to cancel the bail is vested in the court.
What happens if Session court rejects anticipatory bail?
(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.
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 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.
When and how anticipatory bail will be accepted?
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.
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.
When can you file anticipatory bail?
Anticipatory bail is applied for in anticipation of arrest. It is a direction to release a person on bail, issuedbefore the person is arrested. If the person has a reason to believe that hemight get arrested for a crime for which he has been falsely implicated, then hehas the right to apply for this type of bail.
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."