VIVEK (MANAGER) 09 September 2013

After anticipatory bail

Is regular bail required after getting AB from High court?

What should be next step after getting anticipatory bail?

V.Choubey

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6 Replies

Krishna Gulagari (LAWYER) 09 September 2013

Actually anticipatory bail is stands until dispose of case. Unless mention the condition in order copy. Softer getting bail you should face trail.

Augustine Chatterjee,New Delhi (Advocate & Solicitor at Law) 09 September 2013

I beg to differ with the opinion expressed by the expert above.If you read section 438 clause 3 of the crpc, it mandates that inspite of being granted anticipagtory bail, the person must apply for regular bail as well at the time of filing the chargesheet. However there are per contra judgements to this effect.One says that it can be disposed off with and the other says that it is necessary to seek regular bail at the time of filing chargesheet inspite of there being grant of anticipatory bail.The legislative intent behind this is to make sure that the accused's right of bail can be decided not only on the basis of the allegations made in ther FIR at the initial stage of the investigation but also at the time of chargesheet.

C.V.Kansara (member) 09 September 2013

I agree with Mr. Chatterji

VIVEK (MANAGER) 10 September 2013

It was 07 years old case lodged against 10 person against ipc 302/201/34 and charge sheet also submitted with no evidence, but court was taken cognizance.

Please suggest in this case whether regular bail required or not after anticipatory bail.

Yours,

V.Choubey

T. Kalaiselvan, Advocate (Advocate) 10 September 2013

Mr. Chatterjee is partially right in this regards because the state amendments differ from state to state, and in Tamilnadu, once an anticipatory bail is granted, the accused is surrendered before the concerned court and gets the bail executed as per the conditions of AB, the same is in the case of Maharashtra too, but in Karnataka state, a regular bail is followed by the AB; To the query of Vivek, it depends on the state where he belongs to; - Advocate Kalaiselvan, Vellore, Tamilnadu

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com) 10 September 2013

nothing left to add, better read the section 438 of crpc

438. Direction for grant of bail to person apprehending arrest.

(1) When any person has reason to believe that he may be arrested on an accusation of having committed a non- bailable offence, he may apply to the High Court or the Court of Session for a direction under this section; and that Court may, if it thinks fit, direct that in the event of such arrest, he shall be released on bail.

(2) When the High Court or the Court of Session makes a direction under sub- section (1), it may include such conditions in such directions in the light of the facts of the particular case, as it may think fit, including-

(i) a condition that the person shall make himself available for interrogation by a police officer as and when required;

(ii) a condition that the person shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer;

(iii) a condition that the person shall not leave India without the previous permission of the Court;

(iv) such other condition as may be imposed under sub- section (3) of section 437, as if the bail were granted under that section.

(3) If such person is thereafter arrested without warrant by an officer in charge of a police station on such accusation, and is prepared either at the time of arrest or at any time while in the custody of such officer to give bail, be shall be released on bail; and if a Magistrate taking cognizance of such offence decides that a warrant should issue in the first instance against that person, he shall issue a bailable warrant in conformity with the direction of the Court under sub- section (1).