What is the difference between regular bail and anticipatory bail?

Who gives anticipatory bail?

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 .

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.

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 ...

When can anticipatory bail be filed?

Any person who apprehends arrest under a non-bailable offence can apply to High Court or Court of Sessions for Anticipatory Bail under the provisions of section 438 of CrPC. It is basically bail before arrest, a person arrested cannot seek Anticipatory Bail, he would have to move for a regular bail.

How do you take anticipatory bail?

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 many types of bail are there?

There are 3 types of bail Regular, Interim and Anticipatory.

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."

Can regular bail be Cancelled?

So yes, the court has inherent powers and discretion to cancel the bail of an accused even in the absence of supervening circumstances.

What if anticipatory bail is rejected in High Court?

(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 ...

Is anticipatory bail a statutory right?

Opined that, anticipatory bail is a statutory right in consonance with the Right to life and personal liberty under Article 21 of the Constitution, it is essential to be alive to the various facets that form a part of rights under Article 21 of the Constitution.

Can Supreme Court give 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.

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.

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 ...

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.

Can we challenge anticipatory bail?

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).

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.

What happens after NBW?

Non- Bailable warrant is nothing but the warrant of arrest and a person can be sent jail after the issuance of such warrant. Issuance of such warrant is much required when the order of conviction is passed and the accused is not in custody.

What Crpc 439?

439. Special powers of High Court or Court of Session regarding bail. ... (2) A High Court or Court of Session may direct that any person who has been released on bail under this Chapter be arrested and commit him to custody.

Is 420 a non bailable offence?

The offence committed under section 420 is a Cognizable as well as a Non-bailable offence. These matters are compoundable by the person cheated with the permission of the court and are triable by Magistrate of the first class.