When can an anticipatory bail be filed?
Ans: Any person who has reasons to believe that he may be arrested by police or even in case he has information that some accusation is pending against him in any court of Law, can file for Anticipatory bail U/S 438 Cr.P.C.anticipatory bail application can be filled in Police case as well as in complaint case.
Is it Mandatory for police to arrest a person only because his anticipatory bail application is rejected?
Ans: The Hon’ble Supreme Court, in case of M.C Abraham and Anr v. State of Maharashtra and Anr , has held that it is not mandatory for the police to arrest a person merely because his/her anticipatory bail has been rejected.
Can anticipatory bail application be filed in both bailable as well as non-bailable offence?
Ans: No, bail application can be filed only in cases which are non-bailable offence in nature and is not filled for offence which are bailable in nature.It can be filed if an FIR is lodge or any type of investigation even without FIR is carried out by police.
Can anticipatory bail be availed as matter of right?
Ans: No, Anticipatory bail is purely a matter of discretion of the Courts.
What should be stated in Anticipatory Bail application?
Ans: As a general guidelines an anticipatory bail application must state that
- That the person is innocent and not involved in the offense.
- That the person is never convicted or an accused in any other case in any court of law.
- That the person is reputed citizen of India and will not flee from justice and will cooperate with the police as per direction of the court.
- He is ready to furnish bail bonds for his appearance and surety.
Which court is preferable to file anticipatory bail – Session or High-Court?
Ans: Preferred order should be first Session and then High Court.
Can my anticipatory bail be cancelled?
Ans: The court at the time of granting the anticipatory bail imposes certain terms and conditions and if any of the conditions are violated then the court may cancel anticipatory bail.A request for cancellation of the anticipatory bail can be made by the opposite party or the police.
Till what time duration the anticipatory bail order is valid?
Ans: In some cases, anticipatory bail remains in force for the time period granted by the court, in the bail order itself. However, sometimes the order remains valid till the end of the trial proceedings.
Whether anticipatory bail granted is over, when the Court issues summon to the accused or charges are framed?
Ans: No, protection continues till the court does not cancel the anticipatory bail under exceptional condition.
Sushila Aggarwala & Ors. Vs. State (NCT of Delhi) & Ors.