ANTICIPATORY
BAIL - POLITY
News:
Anticipatory bail must
not be norm in many cases, rules Supreme Court
What's
in the news?
●
The Supreme Court has in a judgment said
that bail may be the rule in many cases, but anticipatory bail is certainly not
the norm.
Key
takeaways:
●
The Supreme Court observed that
anticipatory bail should not lead to miscarriage of justice, especially in
cases of serious crimes against women.
Bail:
●
Bail is a judicial release of an accused person from custody on the condition
that the accused person will appear in court at a later date.
●
Sections
436 to 439 of the Criminal Procedure Code deal with the
concept of Bail.
●
Under the CrPC, bail can be granted to an
accused person either by a police officer or by a judicial magistrate.
Anticipatory
Bail:
●
It is the bail granted to a person in anticipation and apprehending
arrest.
●
Under Section 438 of CrPC, any individual
who discerns that he may be tried for a non-bailable
offense can apply for anticipatory bail.
Features:
●
The application shall be made to the High Court or Sessions Court, where
the crime is alleged to be committed.
●
Anticipatory Bail is bail before the
arrest, and the police can't arrest an individual if the Court has granted
anticipatory Bail.
Need
of Anticipatory Bail:
●
It is meant to be a safeguard for a person who has false accusation or charges made
against him/her, most commonly due to professional or personal enmity, as it
ensures the release of the falsely accused person even before he/she is
arrested.
Transit
Anticipatory Bail:
●
A transit anticipatory bail is sought when
a case against a person has been or is likely to be filed in a state different from the one in which
the person is likely to be arrested.
Purpose
of Transit Anticipatory Bail:
●
The purpose of transit bail is to allow
the person bail, so they can approach the appropriate court in the state in
which the case has been filed for anticipatory bail.
●
In the absence of transit anticipatory
bail, the result would be that another state’s police could arrest a person
from their home state without them having the opportunity to apply for
anticipatory bail at all.
Procedure:
●
The procedure to be followed in transit
anticipatory bail is exactly the same as of any other anticipatory bail
application.
Features:
●
The concept of transit anticipatory bail
is not codified in Indian law but has found its identity through judicial
practice and legal precedents.