Bail Lawyer in Indore
Bail and Anticipatory Bail both fall within the Criminal Law. Therefore in order to search for lawyer in bail and anticipatory bail matters in Indore, it is best to approach lawyers who specialize in Criminal Law. Bail Lawyer in Indore having practice in the Criminal Appellate Side may also be approached for Bail and Anticipatory Bail matters.
Three types of Bail
Anticipatory Bail– Anticipatory bail is granted under section 438 of Cr.PC either by session court or High Court. An application for the grant of anticipatory bail can be filed by the person who discerns that he may be arrested by
the police for a non- bailable offence.
Regular Bail– A regular bail is generally granted to a person who has been arrested or is in police custody. A bail application can be filed for the regular bail under section 437 and 439 of Cr.PC.
Interim Bail– This type of bail is granted for a short period of time and it is granted before the hearing for the grant of regular bail or anticipatory bail.
Application for Anticipatory Bail is applied for a person, when someone has grounds to believe that he may be arrested by Police within a short span of time. Anticipatory bail application shall be made before the session court of respective jurisdiction. Once the anticipatory bail application is moved before the Hon’ble District & Session Court than a copy of the same shall be given to the public prosecutor, one copy of bail application for the office record and one copy of the bail application should be delivered or submitted before the respective police station where the F.I.R is registered. If on the hearing of the bail application, if the Investigating officer of the concerned police station furnish his say or opinion on that particular matter than the matter is kept for final argument on the next hearing date. However till the entire anticipatory bail application is disposed of, the advocate of the applicant can pray of interim-bail of the accused till the final disposal of the bail application. If the Hon’ble Session Court grants interim-bail to the accused than in that case, the police will not arrest the alleged accused or the applicant till the final disposal of the anticipatory bail application. But in spite of Court’s order on interim bail, the applicant has to furnish the certified copy of the order of the interim anticipatory bail to the concerned police station.
Generally, the Court grants the interim anticipatory bail to the applicant or accused as the court is always loaded with a lot of anticipatory bail application. In extreme situation, the court may reject the interim anticipatory
application of the accused or applicant
It is very necessary to take an order of interim anticipatory bail as there are chances that the final disposal of the anticipatory bail application may take a long time. The delay in passing the order may be because the Investigating Officer may not furnish his say to the Hon’ble Session Court for two or three consecutive dates, the Judge may discharge the board due to the heavy board, urgent and time-bound matters, old matters. Sometimes the matter is also delayed due to public prosecutor as he may be absent for two or three consecutive dates or he may not file his say in time and sometimes he may not be prepared for argument also. It is also delayed as some time your own lawyer/Advocate may not be ready to argue the matter due to his personal difficulty to attend the matter so it is always advisable to take interim anticipatory bail when the anticipatory bail application is pending and filed before the Hon’ble Session
Basic Principles of Criminal Justice:
• Law is to define the offence and its punishment.
• Fair investigation is the right of both the victim and the accused.
• Charge is to be clearly stated.
• No man is to be condemned unheard.
• Law must treat all equally.
• Prosecution is to stand on its own legs.
• Benefit of doubt is to go to the accused.
• Accused has the right to engage a counsel.
• Both the prosecution and the accused are to be given full opportunity of evidence.
What Happen If Bail Is Granted?
If Anticipatory Bail is granted, then the Police cannot arrest you and take you into custody and instead they have to call you to Police Station periodically in order to do the investigation. However you have to apply for regular bail, when the charge sheet is filed and in the meantime you have to comply with the order of the Hon’ble Session Court e.g you may not be allowed to visit abroad or leave India till the final disposal or during the trial of the matter or Hon’ble Session Court may also give direction to deposit your Original Passport to the concerned police station. But in case if the condition given by the Hon’ble Session Court while granting anticipatory bail becomes difficult than in that case the applicant or the accused can apply again for the relation of the conditions of the anticipatory bail order. Bail is also applied after the accused person is taken into custody. However you have to apply for regular bail .Bail proceeding is best when the charge sheet is filed
How To Get Successful Anticipatory Bail?
For successful Anticipatory , it is of huge benefit if the Accused has a permanent fixed address in the city and also has a proper job or his own business. The lawyer will have to show to the Court that the Accused is a person of good character who will not run away from the City to avoid the investigation and trial. The Accused has to promise to cooperate with the Trial. Only then Anticipatory Bail or Bail can be granted. Otherwise, Bail can even be cancelled later on if Accused does not cooperate with Prosecution/Court. Thus anticipatory bail /Bail cannot be taken for granted, in fact Court has the discretion to refuse anticipatory bail /Bail also. A person having many prior FIR and Trial against him will find it more difficult to get anticipatory bail quickly. Lawyers have to work on an urgency basis in anticipatory bail matters, often they work in order to prepare and print the draft and then present the same in the Court so as to protect the accused rights and prevent his custody. Hence the fees for anticipatory bail tend to be quite high, however, most lawyers will do discounted rates or even pro-bono for deserving people belonging to financially weaker sections. Normally in anticipatory bail /Bail and criminal matters, it is more useful to go through only recommendations from friends/relatives or other known and trusted persons in society, local social workers/leaders