🍁 This story about objects of Anticipatory Bail happened many years ago.. I write this from memory.


🍁 This story about objects of Anticipatory Bail happened many years ago.. I write this from memory.

🍁The SC Judge put this question to Standing Counsel of Govt, “Why should not we grant anticipatory bail in every case?…What is purpose of granting anticipatory bail? ” … The government counsel sought time to frame proper and considered response. The case was adjourned. Thereafter I could not keep track of the case.

🍁 I often wondered, if the objects of Anticipatory Bail were 1) To prevent absconding of accused 2) To prevent him from doing further criminal acts, 3) To ensure his availability to police for inquiry and 4) To prevent police from seeking bribe with threats of arresting accused on Friday night and to keep him in police station till Monday morning before presenting him to Magistrate.

🍁 Recently, in one case, I saw an ideal order of Anticipatory Bail. I think this type of order if followed by other courts also, can take care of four objects I mentioned above..

The order reads as under :

🍁”The special leave petition is disposed of with the direction that if the petitioner surrenders before the trial court/ area Magistrate within a period of two weeks from today and moves an application for bail with one day advance notice to the public prosecutor, the trial court will consider and decide the application for bail on the same date, having regards to the contention which may be raised, in accordance with law.”🍁

I think such order can considerably reduce accused’s fear of “sudden arrest on Friday evening” and “Fear of sudden Arrest at uncertain and unpredictable time”.

In one another case, from one High court, I saw that anticipatory bail was granted subject to two surities, and giving liberty to police to ask for remand if so necessary…

🍁The grounds of Remand are separate than grounds of Anticipatory bail and grounds of regular bail. There are fine distinctions among these three things.

The objects are always to protect people against police excesses.