BAIL

archana rathod (Querist) 12 February 2010 This query is : Resolved
KINDS OF ANTICEPATORY BAIL WHAT IS THE PROCEDURE FOR IT

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Devajyoti Barman (Expert) 12 February 2010
An application u/s 438 of CrPC is to be filed for anticipatory bail either before the Sessions Court or the High Court stating apprehension of arrest and other things touching the merit of the case.
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Guest (Expert) 12 February 2010
The word bail only be used for a person who is in the judicial custody. the word Anticipatory Bail not defined any where.
when any person has a reason to believe that he can be arrest in a non bailable offence then he can file an application under section 438 Cr. P.C. either before Sessions Court or High Court. But as per various judgments of Supreme Court and various High Courts the bail application under section 438 Cr.P.C. should be filed in sessions court first and if sessions court reject the same then file in high court. But in the act itself there is no bar to file the bail application either high court or sessions court in the antcipation of arrest in non bailable offence.