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Service in the interest of Justice

Apprehension of arrest: Get an Anticipatory bail.

Freedom is priceless. Just ask any prison inmate who has not seen the world outside for years. For us, even spending one single day in the jail send shivers across the spine. But world is not so rosy as it seems in the movies and sometimes shit happens and that shit can land you up in jail.

So, what to do during those testing and trying times when police is after your blood and you just can’t run any longer. Remedy is Anticipatory bail while you anticipate immediate arrest by the police.

Also Read- Quashing of Criminal Case & FIR

What is Anticipatory bail?

Anticipatory bail is granted by High court or court of session under section 438 of Code of Criminal Procedure to a person who is apprehending his/her arrest in a non bailable offence. It basically means that the person to whom anticipatory bail has been granted will be released on bail in event of his arrest after the registering of FIR against him. 

Also Read- Police not Registering FIR, what to do?

Under what circumstances anticipatory bail is granted?

Usually the court grants anticipatory bail to a person who satisfies the court that such person will remain present whenever being called by the investigation officer carrying the investigation after registration of FIR and will not abscond during or after the competition of investigation and trial.

Also Read- Bail, Anticipatory Bail, Regular Bail, Interim Bail in Chandigarh

Time period to get an Anticipatory bail

As a normal procedure once an application seeking anticipatory is filed in the court, notice is issued to the State after hearing the counsel for the person seeking anticipatory bail and after hearing the version of state the court grant or reject bail application. However, in certain circumstances interim protection is granted to the person during the period of service of notice and appearance of state counsel on the next date of hearing.

Also Read- Criminal Matters in High Court Chandigarh

Anticipatory bail got rejected, what to do now?

If the Sessions court rejects the anticipatory bail application of a person, he/she can still approach the High Court under section 438 to once again file anticipatory bail application before High Court.

Anticipatory Bail is always discretion of the judge and never a right. One must adhere to conditions of  bail  once granted.

Also Read: Transfer of a Criminal Case from High Court Chandigarh

Anticipatory Bail in News

1 Antcipatory Bail for 7 in cruelty to special kid issue by TimeOfIndia

2 No Automatic Entitlement to Regular Bail Merely Because Accused was Granted Anticipatory Bail : Supreme Court by LiveLaw

3 ‘Attack’ on ‘Dalit’ activist: Trupti Desai’s Anticipatory Bail rejected by Bombay HC by IndianExpress.

4 Karti’s Chartered accountant gets anticipatory bail by theHindu

5 Manesar Land Deal: CBI Court dismisses anticipatory bail plea of  HC judge’s son by HindustanTimes.

Also Read- Stages of Criminal Trial in India

Over to You!

If you need more advice on the subject, dial 99888-17966 or write at . We’ll be happy to assist read your comments below.

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