Thread to remove many misunderstanding in mind of people about Law of Anticipatory Bail.
1) This is an easiest law.
And yet when a person hears that police has registered FIR and may call him to police station, he becomes very very much frightened.
1) This is an easiest law.
And yet when a person hears that police has registered FIR and may call him to police station, he becomes very very much frightened.
2/ If he learns that in FIR his aged parents are also named, his panic increases.
If the charges in FIR involve more than 7 years, 10 years or life imprisonment, his fears multiply.
If the charges in FIR involve more than 7 years, 10 years or life imprisonment, his fears multiply.
3/ If he is debtor and if Creditor has filed FIR, his fear increases. He fears that police will call him to police station and will force him to sign a settlement and will force him to give post dated cheques.
4/ Then he fears, what if police arrests him in Friday evening.
Then he can be produced by police only Monday in court.
He fears tortures in police custody on Friday, Saturday and Sunday midnight.
Then he can be produced by police only Monday in court.
He fears tortures in police custody on Friday, Saturday and Sunday midnight.
5/ If he is a servant in govt or private firm, his fears are doubled. If he is kept in police custody for more than 24 hours, he can be automatically suspended by Govt.
Private firm may also dismiss him from job.
Private firm may also dismiss him from job.
6/ Then he goes to a lawyer to seek anticipatory bail.
Lawyers says, these are discretionary orders by Judges and therefore he cannot guarantee anticipatory bail.
But he promises to try.
The unpredictability causes terror in mind of person seeking anticipatory bail.
Lawyers says, these are discretionary orders by Judges and therefore he cannot guarantee anticipatory bail.
But he promises to try.
The unpredictability causes terror in mind of person seeking anticipatory bail.
7/ Way back in 2009, a Supreme Court bench tried to clarify and simplify this law of anticipatory bail in case of Savitri Versus State of Maharashra Criminal Appeals 1178-1179 of 2009.
8/ It briefly said,
A) Even before filing of any FIR, a person can move court for anticipatory bail, to protect himself against possible arrest.
A) Even before filing of any FIR, a person can move court for anticipatory bail, to protect himself against possible arrest.
9/ Then, it briefly said,
B) Though this is extra ordinary power of Judges, it does not mean that it should be exercised only in extra ordinary cases.
(It can be routinely granted with conditions that applicant will not temper with evidence and will co-operate with police. )
B) Though this is extra ordinary power of Judges, it does not mean that it should be exercised only in extra ordinary cases.
(It can be routinely granted with conditions that applicant will not temper with evidence and will co-operate with police. )
10/ It further briefly mentions that
C) It is not necessary to give advance notice to public prosecutor before granting interim anticipatory bail..
D) While issuing notice, interim protection against arrest must be granted by courts.
#lawyers #lawstudents
C) It is not necessary to give advance notice to public prosecutor before granting interim anticipatory bail..
D) While issuing notice, interim protection against arrest must be granted by courts.
#lawyers #lawstudents
11/ The word "Anticipatory Bail" is itself a misnomer.
It is not a politically correct phrase.
Anticipatory Bail is in fact no bail order.
It is only a direction to police that in case you arrest this person, then release him immediately on bail.
This is just a"Direction"
It is not a politically correct phrase.
Anticipatory Bail is in fact no bail order.
It is only a direction to police that in case you arrest this person, then release him immediately on bail.
This is just a"Direction"
12/ This direction of court comes into "force" only if police arrests. If police does not arrest him and simply let him go after some question, then the direction to grant him anticipatory bail does not come into force at all.
13/ The confusions started when it was said that "When allegations are serious, the anticipatory bail should be refused".
This makes law very vague and prone corruption at multi levels.
One Judge finds that allegation are serious and rejects anticipatory bail.
This makes law very vague and prone corruption at multi levels.
One Judge finds that allegation are serious and rejects anticipatory bail.
14/ Same Judge grants anticipatory bail, when allegations are even more serious.
And the litigant becomes perplexed.
There is no definition in law about "What is Serious?". The meaning differs from Judge to Judge.
And the litigant becomes perplexed.
There is no definition in law about "What is Serious?". The meaning differs from Judge to Judge.
15/ Many a times, the complainant is a "Very Powerful Rich Person Having Contacts with with Ministers and Higher Rank Police Officers.
Here, accused is so much afraid that he chooses to remain "untraceable" and moves for anticipatory bail.
Here, accused is so much afraid that he chooses to remain "untraceable" and moves for anticipatory bail.
16/ Anticipatory Bail application of such "Untraceable Accused" is rejected when police says that accused is "Absconding". Here the very purpose provision is defeated.
17/ In such cases where accused is hiding from police in order to avoid torture in police custody, the accused can be granted anticipatory bail with direction that they may report to police at earliest without fearing any police torture.
19/ In High Profile and VIP cases, High Court often directs Police to give "7 days advance notice" to accused if police intends to arrest him.
Such direction can also be easily given in cases of ordinary persons and it can relieve their burden to a great extent.
Such direction can also be easily given in cases of ordinary persons and it can relieve their burden to a great extent.
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