Cancellation of anticipatory bail granted by High court
4 months ago
Dear sir/mam
Please assist me how and where should I apply for cancellation of anticipatory bail granted by high court without hearing all grounds
A.Dear Client,
Anticipatory by its very nature is valid and binding till your arrest by police, in which event you must be released on bail as per the terms of the order of anticipatory bail; or if you appeare in the court in which the case is pending pursuant to summons or otherwise then till you are released on bail by the court. Anticipatory bail ends and cannot remain valid after you are granted bail by the police or by the court. So there is no scope of cancellation of anticipatory bail by the court.
People who do not have knowledge of law do not know the difference between anticipatory bail and regular bail and when anticipatory bail ends and regular bail begins. Anticipatory bail ends with the apprehension or arrest by the police or on appearance or surrender before the court. Thereafter if and when you are granted bail (by the way you must be granted bail by police or the court because of the AB order) regular bail starts. Of course if you are granted bail by the police you must again obtain bail from the court.
Regular bail ends with the pronouncement of the judgement, be it of conviction or of acquittal. In case of conviction, if the accused convinces the court that he will file an appeal and seeks bail the trial court may grant him bail till he filles appeal and obtains bail from the appellate court. This is fresh bail as per Section 389(3) and not an extension of the previous bail as some people wrongly think.
Thankyou
Anticipatory by its very nature is valid and binding till your arrest by police, in which event you must be released on bail as per the terms of the order of anticipatory bail; or if you appeare in the court in which the case is pending pursuant to summons or otherwise then till you are released on bail by the court. Anticipatory bail ends and cannot remain valid after you are granted bail by the police or by the court. So there is no scope of cancellation of anticipatory bail by the court.
People who do not have knowledge of law do not know the difference between anticipatory bail and regular bail and when anticipatory bail ends and regular bail begins. Anticipatory bail ends with the apprehension or arrest by the police or on appearance or surrender before the court. Thereafter if and when you are granted bail (by the way you must be granted bail by police or the court because of the AB order) regular bail starts. Of course if you are granted bail by the police you must again obtain bail from the court.
Regular bail ends with the pronouncement of the judgement, be it of conviction or of acquittal. In case of conviction, if the accused convinces the court that he will file an appeal and seeks bail the trial court may grant him bail till he filles appeal and obtains bail from the appellate court. This is fresh bail as per Section 389(3) and not an extension of the previous bail as some people wrongly think.
Thankyou
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