ANTICIPATORY BAIL
What is Anticipatory Bail?
Bail is of two types. First is the regular bail while other is the anticipatory bail. Anticipatory bail provides that a person who believes that he may get arrested for a non-bailable offence then that person may apply to the either High court or the session’s court in order to get a direction for grant of anticipatory bail under section 438 of Code of Criminal Procedure.
It should also be understood by the person applying for anticipatory bail that there are two situations that may prevail for anticipatory bail:-
- When no FIR has been filed against him
In such a situation there are no grounds for granting a bail. In these types of cases our best anticipatory lawyers request the court for a pre-notice arrest period. After getting the pre-notice period our anticipatory bail lawyers draft an application for anticipatory bail and apply for bail in Sessions Court.
- When FIR has been
In such situation the investigating officer will send a notice of arrest 7 days before arresting the accused person. During this time period it is necessary to apply for the anticipatory bail. In these type of situation our best anticipatory bail lawyers files an anticipatory bail application on behalf of the accused person.
How Legalmax Law Firm work for Anticipatory Bail?
Our law firm has a team of best criminal lawyers who are experts in protecting the accused person. They have the skills and knowledge to deal with any kind of situation for getting bail. Our best anticipatory bail lawyers are famous for their work across Delhi & NCR. Our top anticipatory bail lawyers guard the accused as shield and thereby protect the accused person from any criminal matter. Our law firm’s motive is “No person can be deprived of his personal liberty and can be detained unnecessarily.” Thus we at Legalmax ensure to provide the best legal solutions to our clients who are searching for the best anticipatory lawyers.
Our best anticipatory bail lawyers are experts in drafting the bail applications and thereafter representing it before the Sessions Court. With their distinguished skill in anticipatory bail, our anticipatory bail lawyers makes the oral prayer before the Sessions Courts after going through a lot of research work. Our experienced anticipatory bail lawyer uniquely apply their comprehensive knowledge and skills and are present our client in the best way so that he can easily get the anticipatory bail from the Sessions Courts.
Our law firm provides exclusive legal services in criminal law. We provide you top lawyers of Delhi who can represent you before court in anticipatory bail cases. Our law firm will provide systematic and dedicated approach for getting anticipatory bail in your favour. However, each and every case decided by court on their merits. Therefore, our endeavor is to articulate best legal services which may help you to get anticipatory bail. You can feel free to call on our number displaying at our website so that we can provide you legal help. Our team of professional lawyers is competent and capable to provide you services not in Delhi but also in other part of India as well such as Bangalore, Pune, Kolkata, Ranchi, Allahabad, Gurgaon, Noida, Chandigarh, Mumbai etc.You can directly call our expert for any query related to anticipatory bail.
When should an application for anticipatory bail be made?
- Anticipatory bail is used in anticipation of arrest. It is a directive to free a person on bail before being arrested.
- If the accused has reason to believe that he can be arrested for a crime he has not committed, he has the right to apply for this type of bail.
- After knowing about the criminal complaint made by his wife in front of the police, or because of any threat posed by you and your family against him, you can apply for anticipatory bail.
- It is also important to know whether the crime for which the FIR has been filed is bailable or non-bailable. While bail is a right in the case of a bailable offense, the grant of bail in a non-bailable offense is based on several contingencies.
How to apply for anticipatory bail?
- Contact a best bail matter lawyer to apply for pre-arrest notice / bail notice and advance bail.
- Hire an experienced lawyer to draft an advance bail mentioning your version of the facts.
- Apply to the appropriate district court.
- When the case comes up for hearing, it is advised that your lawyer be with a trusted person.
Terms/conditions that can be enforced by the court while granting an anticipatory bail:
- The High Court or the Sessions Court may, in the light of the facts of a particular case, or as they may deem fit, include such conditions as include:
- A condition that the person shall make himself available for questioning by a police officer when necessary;
- A condition that the person shall not, directly or indirectly, induce, threaten or promise to any person familiar with the facts of the case, that he may be prohibited from disclosing such facts to the court or to any police officer. ;
- A condition that the person shall not leave India without the prior permission of the court.
An accused is free on bail until bail is revoked. If any of the conditions of the court are violated, the High Court or the Sessions Court may direct that any person released on bail can be arrested and detained on the application by the complainant or the prosecution.
Recently Supreme Court in an order said that anticipatory bail cannot be held for a limited time. The constitution bench of 5 judges of the Supreme Court ruled on anticipatory bail. The court said that in many cases this advance bail can continue till the trial ends. Even after the court summons, the anticipatory bail will not end. The court also said that this will not affect the right of the police to investigate.
The questions that were raised before Hon’ble Supreme Court:-
- Should the protection given to a person under Section 438 of the CrPC be limited to a certain period so that the person can surrender before the trial court and seek regular bail?
- Should the time and stage of anticipatory bail be over when the accused is called by the court?
In this hearing, these questions of law were considered by the Constitution Bench. Actually, in the cases of Gurbakhsh Singh Sibbia and others v. State of Punjab, Siddharam Satlingappa Mhatre v. State of Maharashtra and others it was decided that anticipatory bail should not be for a limited period.
Therefore, it is very necessary for any person to hire the qualified and experienced lawyer having deep knowledge of bail matters. The Legalmax’s criminal lawyers have diversified knowledge of criminal matters and they are experts in handling the anticipatory or regular bail matter before any court in India.