Anticipatory bail is a term which is not defined clearly. Anticipatory Bail means that in case a person is arrested then he is to be granted bail. It is a pre-arrest order passed by the Court. The basic difference between regular bail and anticipatory bail is that regular bail is granted after arrest and anticipatory bail is granted before arrest. The word ‘Anticipatory’ itself denotes that it is bail in anticipation of arrest. However, this can be quite misleading as one can take this and this might be possible that arrest does not come into effect in lieu of that person. And this can be quite misleading. However in India anticipatory bail can be invoked only in non bailable offences.
Anticipatory bail lawyers for NRI rely on section 438 which defines anticipatory bail i.e. direction for grant of bail apprehending arrest.
• Sub clause (1) of anticipatory bail section i.e. 438 talks about that if the NRI person believes or has reason to believe that of having committed a non-bailable offence.
• Sub clause (2) of anticipatory bail section (438)says that the court providing such anticipatory bail has put up certain conditions while passing order u/s 438(1)
1) That the person must be available for interrogation.
2) That he would not make any threat or promise to any NRI person who is known with the facts so that the person concerned with the facts might not disclose it.
3) That he would not leave India without permission of court.
4) Other conditions can also be imposed as u/s 437(3) as if bail is granted in this section.
• Sub clause (3) of section 438 provides that
i) If the NRI person is arrested without warrant, then police to grant bail.
ii) If the magistrate thinks that a bailable warrant should be issued then he can do us in light of anticipatory bail order.
The anticipatory bail lawyers for NRI get anticipatory bail which is generally given when the court thinks that a person is falsely implicated and that his freedom will not obstruct the investigation process. However the court if thinks that if the person be released, it will humper the investigation then it may at any point of time cancel the anticipatory bail. However, the attendance of NRI person apprehending arrest is a must be present in final hearing.
Anticipatory bail lawyers for NRI can file an application for bail in the Chandigarh High Court or Chandigarh District Court but if it rejected in District Court Chandigarh, then one can file it in the High Court but not vice versa. If the person has committed more than one offences, then it may be possible that it may grant anticipatory bail for some offences only.
The basic requirement of anticipatory bail is that:
1. That there would be free and full investigation of case
2. And accused must not be harassed by this unjustified detention.
The operation of the anticipatory bail is not invented to any point of time and will be operative till the conclusion of the trial, unless it is cancelled u/s 439 of code. The SC has said that anticipatory bail should be of limited period.
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