BASIC UNDERSTANDING OF ANTICIPATORY BAIL BY NIMESH ROHILLA @LEXCLIQ

Introduction-

 

Well today the Supreme Court observed that it cannot appreciate why a person who was not arrested during investigation, on a charge sheet being filed, be sent to custody when he appears on receipt of summons? This question was dealing with the provision of bail.l

Whenever any cognizance is taken by the court the accused should approach for the bail at the primary stage.

 

But this case was different.first we must understand what is the bail and anticipatory bail. And later what was the matter before the Supreme Court.

 

Bail denotes provisional release of accused in Criminal Case in which court the trial is pending and the Court is yet to announce judgement.

 

There are 3 types of bail :

 

Regular

Interim

Anticipatory.

 

Anticipatory bail-

 

The concept of Anticipatory Bail comes into place when the accused may rightfully fear arrest in cases of cognizable offences. Bail is a legal relief that a person may be entitled to in order to get temporary freedom until his case is disposed of. Depending on the gravity of the allegations, a person may be able to avoid arrest altogether.

 

However, there are many cases in which an arrest is made and the accused is set free as per the provisions of the bail as given under the Code. In Criminal cases, especially those pertaining to dowry, anticipatory bail comes as a relief . It is literally applied for in anticipation of arrest to be made.

 

High Court or the court of session may include such conditions

 

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

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;

a condition that the person shall not leave India without the previous permission of the court.

 

FRESH MATTER BEFORE THE SUPREME COURT:

 

SATENDER KUMAR ANTIL Petitioner(s)

V/S

CENTRAL BUREAU OF INVESTIGATION & ANR.

Respondent(s)

 

Petition for Special Leave to Appeal (Crl.)

 

ISSUES:-Applications for exemption from filing c/c of the impugned judgment

Arising out of impugned final judgment and order dated 01-07-2021 in CRMABA No. 7598/2021 passed by the High Court Of Judicature At Allahabad.

 

the bench comprising Justices Sanjay Kishan Kaul and Hrishikesh Roy

 

Background of the case in brief.

 

The petitioner was not in office when the incident Signature Not Verified Digitally signed by Anita Malhotra took place but be that as it may, a charge sheet has been filed and he joined the investigation but was not arrested and then there was no need to arrest him now. On charge sheet being filed the Court took cognizance on 20.01.2021 but the petitioner did not appear but sought anticipatory bail. On his non-appearance, non-bailable warrants were issued on 17.02.2021 and the anticipatory bail application was dismissed and later on, this matter came before the supreme court and while examining this petition the supreme court said.

 

OBSERVATIONS MADE BY SUPREME COURT.

 

The Supreme Court observed that it cannot appreciate why a person who was not arrested during investigation, on a charge sheet being filed, be sent to custody when he appears on receipt of summons?

 

It will be appropriate to lay down some principles on this behalf, the bench comprising Justices Sanjay Kishan Kaul and Hrishikesh Roy said.

 

SUPREME COURT TO EXAMINE.

 

“We put to learned senior counsel for the petitioner as to why the petitioner did not appear after summons were sent in pursuance to cognizance being taken as logically, the petitioner ought to have appeared and applied for regular bail and there should have been no case for anticipatory bail at that stage’

 

“Learned senior counsel submits that the system which is sought to be followed especially in the State of Uttar Pradesh is that even if a person is not arrested during investigation, on charge sheet being filed, more so, in such cases of CBI a person is sent to custody and thus, his appearance and applying for bail would have resulted in his being sent to custody.”

 

 

 

HELD BY SC

 

“Prima facie, we cannot appreciate why in such a scenario is there a requirement for the petitioner being sent to custody. Be that as it may, it will be appropriate to lay down some principles on this behalf.

 

Let notice issue returnable on 18.08.2021. Dasti in addition through standing counsel. In the meantime, the petitioner is not arrested and execution of non-bailable warrants is stayed. However, the petitioner will appear before the Court on the next date.

 

The court stayed the execution of non-bailable warrant and directed not to arrest the accused.

 

 

CONCLUSION

 

After the above discussion i would like to conclude that Liberty of the accused as said In the Bill of Rights Ordinance, 1991 affirms that every accused has a right to be presumed innocent until his guilt is proved. Thus, the accused person has every right like other citizens of the country except his curtailment of personal liberty in conformity with laws.

 

 

Written By

Nimesh Rohilla.

 

 

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