DEFINES: Anticipatory Bail
Section 438 of the criminal procedure act,1973 deals with the Anticipatory bail.
When a person is willing to get bail in anticipation of an arrest on accusation of having committed a non bailable offence. Such bail consider as Anticipatory Bail.
How to get anticipatory bail?
As per the section 438 person get Anticipatory Bail on following:
- When any person has reason to believe that he may arrest on an accusation of having committed a non- bailable offence.
- In such case he may apply to High Court or the Court of Session for a direction.
- Court may, if it thinks fit, direct that in the event of such arrest, he shall release on bail.
- Its upon consideration of factors, the Court will either reject the application or issue an interim order for the grant of anticipatory bail in the first instance.
Following conditions High court or session court issue before entertaining the anticipatory bail application of person. They are as under:
- Thus person shall make himself available for interrogation by the police officer as and when required.
- Person shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted. Furthermore he should not induced the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer.
- Thus person shall not leave India without the previous permission of the Court.
- such other condition as may impose under sub- section (3) of section 437, as if the bail were granted under that section.
If such person thereafter arrested without warrant by an officer in charge of a police station on such accusation either at time or any time in his custody. then such officer to give bail, be shall release on bail.
How to cancel anticipatory bail?
Cancellation of Anticipatory Bail
There is no specific provision that allows a court to cancel the order of anticipatory bail. However, in several cases it has held that when Section 438 permits granting anticipatory bail, it is implicit that the court making such order entitle upon appropriate considerations to cancel or recall the order.
Some grounds on which anticipatory bail stands cancel:
(1) When the person on bail is found tampering with the evidence either during the investigation or during the trial.
(2) When the person on bail commits similar offence or any heinous offence during the period of bail.
(3) When the person on bail has absconded and trial of the case gets delayed on that account.
(4) When its alleged that the person on bail is terrorizing the witness and committing acts of violence against the police.
(5) When the person on bail creates serious law and order problems in the society and he had become a hazard on the peaceful living of the people.
(6) When its found that the subsequent events make out a non-bailable offence or a graver offence.
(7) When the High Court found that there was a wrong exercise of judicial discretion to grant the accused bail.
(8) When the circumstances were proved that the accused has misused the liberty granted to him, it is sufficient ground to cancel bail.
(9) If the life of the accused person on bails itself be in danger.
The anticipatory bail can also be cancelled before the regular bail is actually granted.
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