(Querist) 06 March 2011
This query is : Resolved
what is anticipatory bail?? How i apply to get it in court?? what is the procedure?? Is any (which) problem(genreal) faces to get it ? Actualy i want it because one person try to hurt me by parcha bayan (24no) submit in police station and SHO ask me to compromise, but i m not ready. So how i avoid to arrest. Plz sugest Thanks
Advocate Sachdev Bishnoi
(Expert) 06 March 2011
as it is stated in secton 438 of Cr.P.C that where any person has reason to believe that he may be arrested on an accusation of having committed a non bailable offence, he may applyy to the high court ot the court of session for a different direction under this section that in the event of arrest he shall be released on bail.
it is clearly indicated that you can apply for anticipatory bail to sessions court or High court of your state. Parcha byan is the simple application moved to the Police station and not case is registered against you. if you apply for anticipatory bail it will be clear that police must register a case against you. More over what is the statement given by that person in police station.
(Expert) 07 March 2011
If you apprehend arrest at the hands of Police for commission of any offence punishable under the law of the land, then you can make an application before Sessions Court or High Court for grant of Bail in the event of arrest.
Anticipatory bail is granted only for the offences - Non bailable