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N.K.Assumi (Advocate)     06 December 2009

Does filling anticipatory bail amounts to guilty mind?

Daer All, It appears that there is a conception or a School of thought amongst the Indian Public, that moving an anticipatory bail reflects a guilty mind. do you agree?



 27 Replies

aruntrivedi (lawyer)     06 December 2009

No, not at all - in many cases person is made victim.

Anil Agrawal (Retired)     06 December 2009

 Recently, my friend kept a paying guest and duly reported the details to police station. Normally, they don't do it, but, a constable came to verify his identity. The whole neighbourhood was aghast at the presence of a policeman at his house and a whispering campaign started. My friend had a hard time convincing them that he had committed no crime. Yet, many were not convinced.

Mr. Assumi's thought is well founded. Not only anticipatory bail advertises his guilt, even going to court as a witness does so. 

Mera Bharat Mahan.

N.K.Assumi (Advocate)     06 December 2009

Anil ji, something is very wroung with our Society.

N.K.Assumi (Advocate)     06 December 2009

Dear Arun Ji, Thank you for the clarification.

R.K.SUNDERRAJ (LAWYER HUBLI,KARNATAKA)     06 December 2009

Anticipatory Bail is a process where to prevent from being arrested,That in the application which your are submitting before the District and session court,you are clearly stating that you are not guilty,and that you are falsely been implicated in the case,hence if you are taken into custody then your reputation would come down in society, See in Indian Criminal procees it is very clearly explained, Accused is innocent until proved guilty,Presumption of innocence is with the accused till the passing of the judgement by the Hon'ble court.Kindly note that the public would speak anything since the toungue is boneless,you should't worry about it if you feel that you havenot committed any offence as alleged in the F.I.R.

Anish goyal (Advocate)     06 December 2009

As an advocate we can't think any guilty mind in moving such an application. But a lay man generally presume such things. Assumi sir thanks 4 raising such a question.

SANJEEV KUMAR (STUDENT)     06 December 2009

Anticipatory Bail application does not always reflect the guilty mind. Our criminal law is based on reversial rule-accused innocent untill proved. AB is a step to strengthen  the person's/accused's innocence. Once AB is given then person/accused can boldly defend himself. AB is given only there is absence of mens-rea and case is weak. Now a days false cases are being filed/advised so applying  AB does not infer the guilt mind.

sanjeev  

Kiran Kumar (Lawyer)     06 December 2009

certainly filing of AB shall not give presumption of existence of any guilt.

 

provisions for bail have been made to save life and liberty of an individual, in a particular circumstance (due to any reason) a person may anticipate registration of some false case.  May be out of husband wife dispute or buisness dispute or political dispute etc.

 

so in order to save a person from harrasment at the hands of police this provison was introduced.

 

Cr.P.C does not provide any powers under S.438 to the judicial officers at the Magistrate level....one can imagine the reasons that it has been done to keeping view the improtance of provision of AB....if observed properly this provision is more concerned with innocence of the petitioner (not in strict terms though)

Anil Agrawal (Retired)     06 December 2009

 If only the general public knew as much law!


(Guest)

No. Innocent people will save from the cluthes of police harressment.

Anil Agrawal (Retired)     06 December 2009

 Let us be honest. Has any lawyer friend ever gone to police station with a complaint as a common man? If so, please share your experience.

Gundlapallis (Advocate)     06 December 2009

Illiteracy is the root cause of all mis-conceptions-and-perceptions.  But at the same time if the problem is theirs' own, i see lot of people talk very sensibly and sympathetically for using this legal provision of anticipatory bail in their favour and the same tounges twist when the problem is someone's else.   In this context i believe that it is not ignorance or innocence of the public but it is the negetive attitude of the public that gives rise to the situation what Mr. Assumi has detailed.

aruntrivedi (lawyer)     07 December 2009

Dear Hon'ble Anilji
I had been many times with my clients to police station. One of my client had complaint against him under 498A. When I went with him police took simply his statement and gv date to remain present before court nor harrassed nor arrested only PI asked for undertaking to remain present before concerned magistrate. When produced before Magistrate, I argued and placed several judgments of misuse of this IPC provisions by women with prejudice. Judge agreed and as my client was innocent complainant wife withdrawn her complaint Court allowed under condition that henceforth in future no such action shall be initiated and further said case resolved in compromise - now couple are very happy and having 2 kids. Whenever they meet me they express their gratitude towards me.

Mrs. Hetal Sunil Shah (Advocate)     07 December 2009

I share experience with Arunji. I also had such experiences when I accompanied client for Police Station and even they are produced before Court. Many a times I had been even after working hours and at odd hours. Once at Night 2 o' clock I recvd phone from son of my client that he was returning after attending marriage ceremony with his wife he was caught by police and alleged for indecent behaviour and couple was detained at police chowkey. I went within hanf an hour there and I asked for proof of indecent behaviour of couple. Chokey Incharge said I will produce before Magistrate. I told him that I am just now talking to resident executive magistrate you have no proof and wrongly only with bad matiff you have detained couple. From my mobile I spoke to Police Control Room and reported whole matter. Asstt. Commissioner of Police Incharge during night asked PSI of chokey to release couple imdtly and it was 4 o' clock. I took tea with couple at their residence and return home. Of course, owing to same my next day schedule was very much disturbed. But, when on some other day I met said ACP in court he appreciated that Madam Apake kam ka jawab nahin.


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