Unlike ordinary bail, which is granted to a person who is under arrest, in anticipatory bail, a person is directed to be released on bail even before an arrest made. The court, while granting anticipatory bail, should examine the seriousness and gravity of the offense to impose any condition on the petitioner, if necessary.
Arbitrary arrests are common in the country. Therefore the independence of the courts to grant anticipatory bail should not be curtailed and security should be maintained till the end of the trial.
Challenges of the Best Advocate for Anticipatory Bail in Mumbai
There are some challenges in advocating anticipatory bail, however. The decision to grant anticipatory bail is at the court's discretion and is based on the facts and circumstances of each case, which is a big challenge. This means there is no guarantee that a person will get anticipatory bail, even if he meets the eligibility criteria.
The process of obtaining anticipatory bail involves hiring a lawyer and filing a petition with the court, which can be another difficult and time-consuming process. Furthermore, the general public knows little about the provision of anticipatory bail, which can make it difficult for people to exercise this right.
Eligibility criteria for anticipatory bail
To be eligible for anticipatory bail, the following conditions must be met :
- ◉ A person must have a reasonable belief that he may be arrested for a non-bailable offense.
- ◉ The person should approach the High Court or Sessions Court for anticipatory bail.
- ◉ The court must be satisfied that the person has a reasonable belief that they may be arrested for a non-bailable offense.
- ◉ The court must be satisfied that the person is not likely to abscond or tamper with the evidence.
- ◉ The court may impose conditions on the person, such as requiring them to cooperate with the investigation, not leave the country, or post bond.
It is important to note that the decision to grant anticipatory bail is at the discretion of the court and depends on the facts and circumstances of each case.
United Legal is a law firm that provides legal services for any type of civil or criminal background. If you are looking for the Best Advocate for Anticipatory Bail in Mumbai, you can contact us for more details.
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