What is an Anticipatory Bail?
Anticipatory bail is an official statement of bail issued towards
a person who might be arrested for a non-bailable offense. If the person
involved thinks that he/she may be soon arrested for a non-bailable offense
which wasn’t committed by him/her, he/she can officially ask for an
Anticipatory Bail to be drafted.
The process of the Bail:
For the official drafting of the Anticipatory bail, the person responsible has to contact a court of authority. Once the High Court/Supreme Court receives the bails special leave petition, the court can ask the person to provide sufficient reasons to show that he/she might be wrongly accused of a felony. If the court finds the reasons valid, it may draft an Anticipatory Bail on the name of the person. The court also imposes certain restrictions on the person responsible following the issue of the Anticipatory Bail statement. One important thing to note is that for a person to be released via an Anticipatory bail, he/she has to be a citizen of India and whatever charges that might have been brought against him has to be solely in the state of India. Anticipatory bail won’t work if the person has been found to misconduct in other countries.
What does a lawyer do?
Once the Anticipatory Bail has officially been drafted, the lawyer keeps track of the petition. In case the person responsible is arrested for a non-bailable offense, any of his/her family members can use the anticipatory bail to bring him/her out of the jail. The best professional lawyers can help with that by smoothening the process.
What happens after?
Once the person receives the Anticipatory Bail from Supreme Court, he/she has to be ousted out of the state lockup. A proceeding will be done to inform the state that the person has been released on Anticipatory Bail. If during the proceeding, it is found that the person is truly responsible for any non-bailable offense, then the Supreme Court can order the police to re-arrest the person.
The person thus has to follow the order issued by the court. Any Anticipatory bail following the proceeding will be deemed void. The bail from Supreme Court can now never be asked for. The person responsible has to complete his/her sentence before being released.
When is Anticipatory bail useful?
The person who thinks that he/she might soon be arrested for a non-bailable offense which wasn’t committed by him/her can apply for Anticipatory Bail. If the anticipatory bail hasn’t been approved by the High court, a transfer petition in Supreme Court can be made. Following the issue of the bail, the person may be ousted of state lockup if he/she is found not guilty. The following are non-bailable offenses where Anticipatory bails can be helpful-
The process of the Bail:
For the official drafting of the Anticipatory bail, the person responsible has to contact a court of authority. Once the High Court/Supreme Court receives the bails special leave petition, the court can ask the person to provide sufficient reasons to show that he/she might be wrongly accused of a felony. If the court finds the reasons valid, it may draft an Anticipatory Bail on the name of the person. The court also imposes certain restrictions on the person responsible following the issue of the Anticipatory Bail statement. One important thing to note is that for a person to be released via an Anticipatory bail, he/she has to be a citizen of India and whatever charges that might have been brought against him has to be solely in the state of India. Anticipatory bail won’t work if the person has been found to misconduct in other countries.
What does a lawyer do?
Once the Anticipatory Bail has officially been drafted, the lawyer keeps track of the petition. In case the person responsible is arrested for a non-bailable offense, any of his/her family members can use the anticipatory bail to bring him/her out of the jail. The best professional lawyers can help with that by smoothening the process.
What happens after?
Once the person receives the Anticipatory Bail from Supreme Court, he/she has to be ousted out of the state lockup. A proceeding will be done to inform the state that the person has been released on Anticipatory Bail. If during the proceeding, it is found that the person is truly responsible for any non-bailable offense, then the Supreme Court can order the police to re-arrest the person.
The person thus has to follow the order issued by the court. Any Anticipatory bail following the proceeding will be deemed void. The bail from Supreme Court can now never be asked for. The person responsible has to complete his/her sentence before being released.
When is Anticipatory bail useful?
The person who thinks that he/she might soon be arrested for a non-bailable offense which wasn’t committed by him/her can apply for Anticipatory Bail. If the anticipatory bail hasn’t been approved by the High court, a transfer petition in Supreme Court can be made. Following the issue of the bail, the person may be ousted of state lockup if he/she is found not guilty. The following are non-bailable offenses where Anticipatory bails can be helpful-
- Conspiracy to a crime that may result in murder.
- The act of attempting to wage a war against a person, organization or state. In case the person has been termed against the state, Anticipatory Bail is very hard to achieve.
- Sedition.
- Kidnapping resulting or not resulting in human trafficking.
- Abetting mutiny and attempt to seduce an officer of the state.
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