Anticipatory bail on the ground of parity.
2 years ago
Provision for anticipatory bail through High court on the ground of parity. Can an accused may file anticipatory bail himself.
A.Dear Sir,
The provision is as follows:
Section 438(1) in The Code Of Criminal Procedure, 1973
(1) When any person has reason to believe that he may be arrested on an accusation of having committed a non- bailable offence, he may apply to the High Court or the Court of Session for a direction under this section; and that Court may, if it thinks fit, direct that in the event of such arrest, he shall be released on bail.
You cannot claim as of right on the ground of parity but it is discretionary power of Court either to allow anticipatory bail or not of the co-accused.
An individual who anticipates being arrested may be eligible for anticipatory bail. As a result, anticipatory bail is a request for a person to be released on bond before their arrest. Anticipatory bail is permitted under Section 438 of the Criminal Procedure Code. Bail, on the other hand, is determined by a variety of criteria, including the nature of the offense and the circumstances surrounding it.
Thank you very much.
Ayantika Mondal @ Prime Legal
Responded 2 years ago
A person who expects to be arrested might get anticipatory bail. As a result, anticipatory bail is a request to release a person on bond before they are arrested. Section 438 of the Criminal Procedure Code allows for anticipatory bail. However, bail depends on a number of factors and a number of circumstances and the nature of the crime.
Thank you.
Lucem Leg
Responded 2 years ago
A.Dear Sir,
Parity cannot be the sole ground to apply for anticipatory bail. You must have to take some other ground before applying for bail in the court.
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