Anticipatory bail:
(a)Object : The basic idea behind granting
anticipatory bail arises mainly because nowadays
sometimes the influential persons try to implicate
their foe in false reason for the purpose of
degrade them or for the aim by getting them
detained in jail for some days .
In some cases ,where it is reason to believe that
the accused person who is charge of non-bailable
offences shakl not escape ,or misuse the
liberty ,then that person must be release on
bail,not in the jail that person have to remain
during that period.
(b) Meaning : Under section 438 ,when the
application has been made before the High court
or court of session for the bail. If the person who
thought that might be the charge of non-bailable
offence shall be apply on him.So before the arrest
,that person shall be release on bail.
(C) Concurrent jurisdiction of High Court and
Session court:-
In this where we basically made application for
anticipatory bail both to the High Court and Court
of session .We can already made the application
to High Court without approaching to Court of
Session.
(d) Reasonable apprehension of arrest for a non-
bailable offence:-
In this basically the applicant have reason to
believe that he may be arrested on the accusation
of having committed a non-bailable offence.So
the High Court shall grant the Anticipatory bail in
this situation which is above mention under
section 438(1).
(e)Wide discretion in granting anticipatory bail:-
In this the legislature who is intended and
conferred a wide discretion power to High Court
and Court of session to grant anticipatory bail.
Basically when the High Court and Court of
session shall think fit for them to grant
anticipatory bail on the bases of consider the
particular facts and circumstances of the case.But
they can also refuse to grant bail if the situation
where similar as mention in section 437 and
section 439.
(f) Anticipatory Bail with conditions:-
In this whenever the High Court or Court of
session while granting anticipatory bail ,they can
also impose conditions if they deem fit for them
to do so .These condition can be illustrative or
other condition which shall make the balance
between the investigation of police officer and
person on whom condition is impose ,his
individuals right to his personal freedom.
Example : Accused person shall have to surrender
to police officer ,so that the investigation can be
done peacefully.
(g)No anticipatory bail after arrest :-
In this if you are already arrested then the section
348 cannot be invoked for anticipatory
bail.Because this thing is done before arrest .But
then after the arrest we can apply under section
437 or section 438 for remedy to release on bail.
(h) Cancellation of anticipatory bail.
In this their is no clear cut provision which tell
that when the anticipatory bail shall be cancel
before the actual bail has been granted.We can
say that the court which have permits the order
for anticipatory bail and that court shall also have
the right to cancel or recall the same.
Powers of appellate court to grant bail:-
In this we shall study it in two heads :
(1)In case of appeal against conviction
Under section 389(1):- The appellate court can
exercise the power to grant bail to a convicted
person pending his appeal before the court.The
appellate court can order suspension of sentence
of the convicted person if in confinement.
On the basis of three situation the anticipatory
bail can be granted .
(1)The person asking for release on bail is the
convicted person.
(2)He is in prisonment.
(3)His appeal against conviction is pending.
(B)In case of an appeal against acquittal:-
In this section 378 Where we made the appeal
against the order of acquittal given by the High
court .In this the appeal should either made by
the state or by the complainant under certain
circumstances if the order for acquittal were
passed in a complaint case .
Power of the courts of revision to grant bail:-
Under section -397(1) In this where any inferior
criminal court which come under the jurisdiction
of any High Court or Session Court ,The judges of
these court can call for or examine the record of
proceeding it legality,correctness or propriety of
any finding ,that time if any person who is in
confinement ,may be release during the
examination of the records
