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BAIL AND ANTICIPATORY BAIL

BAIL AND ANTICIPATORY BAIL

The concept of bail, which is an integral part of the criminal jurisprudence, also suffers from the certain drawbacks. Bail is broadly used to refer to the release of a person charged with an offence, on his providing a security that will ensure his presence before the court or any other authority whenever required. Bail, in law, means procurement of release from prison of a person awaiting trial or an appeal, by the deposit of security to ensure his submission at the required time to legal authority. The monetary value of the security, known also as the bail, or, more accurately, the bail bond, is set by the court having jurisdiction over the prisoner. The security may be cash, the papers giving title to property, or the bond of private persons of means or of a professional bondsman or bonding company. Failure of the person released on bail to surrender himself at the appointed time results in forfeiture of the security. The person seeking Bail must file an application before the concerned Court and based on the gravity and merit of the case, the bail may be granted Under Indian criminal law, there is a provision for anticipatory bail under Section 438 of the Criminal Procedure Code. This provision allows a person to seek bail in anticipation of an arrest on accusation of having committed a non-bailable offence. On filing anticipatory bail, the opposing party is notified about the bail application and the opposition can then contest the bail application in court (public prosecutor can also be used to do this). Anticipatory bail is a direction to release a person on bail, issued even before the person is arrested.

The person seeking Anticipatory Bail must file an application before the Court of Sessions or the High Court and based on the gravity and merit of the case, the bail may be granted. PROVISION FOR WOMEN Under Section 437(1) of the Cr. P.C., in case of offences not punishable with death, imprisonment for life or imprisonment for 7 years or more, or in cases where a person has not been previously convicted on two or more occasions of a non- bailable and cognizable offence, bail can be provided to the accused below the age of 16 if the accused is a woman, or on health grounds. Our company advocates help in acquiring bail and anticipatory bail for our clients and protect them and relieve them from stress and tension. Section 438 (1) of the Code lays down a condition, which has to be satisfied before anticipatory bail can be granted. The applicant must show that he has reason to believe that he may be arrested for a non-bailable offence. There are many conditions laid down before granting a anticipatory bail. Whenever called the Accused shall make himself available for interrogation. The Accused shall not leave India, until court grants permission. The Accused shall not, either directly or indirectly threat any person regarding the facts of the case. The anticipatory bail may be cancelled on the directions of the higher court (high court or sessions court) on an application by the Complainant.