Which court can grant anticipatory bail?Asked by: Malika Grant III | Last update: February 19, 2022
Score: 5/5 (35 votes)
When a person has reason to believe that he may be arrested on the accusation of committing a non-bailable offence then he can move to High Court or the Court of Session u/s 438 of CrPC for anticipatory bail.
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.
Can district courts give anticipatory bail?
The Code of Criminal Procedure, 1973 [CrPC] has a provision, which confers on the Court of Session & the High Court the power to grant anticipatory bail. The Petitioner can move the Court/ High Court if he has a `reason to believe' that he may be arrested on accusation of having committed a non-bailable offence.
Who can grant anticipatory bail under CrPC?
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.
Can anticipatory bail be filed anywhere?
In case, any offence alleged to have been committed in those State, and an anticipatory bail application are entertained in any State other than where the offence was allegedly committed, then.
Which Court can grant anticipatory bail and on what grounds ?
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 ...
Can police grant bail in non-bailable offence?
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.
Who can grant bail?
In the case of bailable offences, if the accused produces proper surety, and fulfils other conditions, it is binding upon the Investigating officer to grant bail. However, in case of a non-bailable offence, the police cannot grant bail; it can only be granted by a Judicial Magistrate/Judge.
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.
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 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.
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 do you break anticipatory bail?
Yes you can file an objection by virtue of an affidavit filed before the hon'ble high court under section 302 of crpc by engaging an advocate. But after the chargesheet is filed it is the discretion of the concerned court at last can grant bail to the accused.
What CrPC 438?
(1) When any person has reason to believe that he may be arrested on an accusation of having committed a non- bailable offence, he may apply to the High Court or the Court of Session for a direction under this section; and that Court may, if it thinks fit, direct that in the event of such arrest, he shall be released ...
Can anticipatory bail be granted in 307 IPC?
Getting a bail under Section 307 IPC is not easy; it can only be possible by following certain steps: The accused needs to apply for the anticipatory bail before the arrest is made. The court shall consider essentials such as - motive for the offence, his/her status in society, police charge sheet etc.
Can High Court reject anticipatory bail?
While the applicant had been granted interim protection under Section 438(1) of the CrPC by the Sessions Court, the Bombay High Court further granted interim protection stating that if the ABA before the Sessions Court is rejected during the pendency of the High Court proceedings, then the interim protection granted ...
What IPC 406?
Section 406 in The Indian Penal Code. 406. Punishment for criminal breach of trust. —Whoever commits criminal breach of trust shall be punished with imprisonment of either description for a term which may extend to three years, or with fine, or with both.
What CrPC 482?
482. Saving of inherent powers of High Court. Nothing in this Code shall be deemed to limit or affect the inherent powers of the High Court to make such orders as may be necessary to give effect to any order under this Code, or to prevent abuse of the process of any Court or otherwise to secure the ends of justice.
What IPC 376?
“376. Punishment for sexual assault – 1 (a) whoever, except in the cases provided for by sub-section (2) commits sexual assault shall be punished with imprisonment of either description for a term which shall not be less than seven years but which may extend to 10 years and shall also be liable to fine.
When can magistrates not grant bail?
Section 114(2) provides that bail may not be granted to someone charged with murder unless the court is satisfied that there is no significant risk that, if released on bail, that person would commit an offence that would be likely to cause physical or mental injury to another person.
Can magistrates grant bail?
Section 437 of the CrPC empowers the Magistrate to release on bail a person accused of a non-bailable offence unless there are reasonable grounds for believing that such person is guilty of an offence punishable with death or imprisonment for life; and/or if such person had been previously convicted of an offence ...
What powers do the police have to grant bail?
Officers can arrest individuals for a breach, and then charge the suspect with the original offence or release them with or without charge, either on bail or without bail. If they are released on bail, conditions set for the original bail can be re-applied.
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 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.
Can anticipatory bail be Cancelled?
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.