Anticipatory Bail Lawyer In Ahmedabad | 09925002031
Advocate Paresh M Modi and associates law firm is the well-known law firm for Bail lawyers in Ahmedabad and Anticipatory bail lawyers in Ahmedabad and also provided legal services in Ahmedabad as an Anticipatory Bail lawyer at Gujarat high court and regular bail lawyer at Gujarat high court. He is the Best Lawyer near me for Civil Criminal and Family Matter in Ahmedabad, Gujarat. Call Now : 9925002031.
There are three kind of bail :
- Anticipatory Bail
- Regular Bail
- Temporary bail
For any offense when an FIR is lodged in the concerned police station. When the accused is registered and the accused is not arrested, the accused “may not be arrested and yet may, when necessary, go to the police station to cooperate in the investigation by the police and undergo physical and mental torture under the pretext of taking any drastic action or questioning him in any other way.” Not granted, an application for anticipatory bail is filed in the concerned Sessions Court and then in the Hon’ble High Court and then in the Hon’ble Supreme Court And if a remand application is made by the police to the concerned court for the remand of the accused when the accused has been arrested, which is opposed by the counsel for the accused, if the remand application is granted by the court, the police after granting the remand of the accused, that The accused is kept in his custody in the police station, interrogated in his own way and at the end of his term he is produced before the Magistrate and asked whether he has any complaint against the police And then he is sent to the Central Jail and till the bail application of the accused is granted by the Sessions Court or the High Court, the accused has to remain in the Central Jail, further when the order of the Sessions Court or the Hon’ble High Court or the Hon’ble Supreme Court. According to the terms of which the surety or guarantor has to be presented in the lower court after completion And an affidavit and other relevant documents are submitted to the effect that all the conditions as requested will be complied with, then the order is passed by the Magistrate of the lower court and the hand-bido i.e. jail-post i.e. jail receipt is issued by the court department. , which is given to the Jailer Sahib in the Central Jail after due process, such accused is released. The Central Jail houses the accused of various offences, those accused who have been sentenced are called convicts and convicts, and those who are on trial, have their cases in court or are under investigation in jail parlance. Called a prisoner of raw work. Jails for raw work prisoners and seasoned work prisoners are different.
The Central Jail accommodates almost all types of criminals and accused, including sexual violence, crimes against the government, accidents, rape, murder, drugs, assault, robbery, theft, assault and grievous bodily harm, as well as spouses of family court cases. There are husbands who are unable to pay maintenance amount and people who are found guilty in check bounce cases
– Criminal Advocate Ahmedabad Paresh M Modi (Gujarat High Court Advocate) Md. 9925002031
Anticipatory Bail (Under CRPC Section 438)
CRPC section 438 Direction for grant of bail to person apprehending arrest.
(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 Sessions Court or High Court for a direction under CRPC section 438 and that Court may, if it thinks fit, direct that in the event of such arrest, the Accused/ Applicant shall be released on bail.
(2) When the Session Court or High Court makes a direction under sub- section of this section
(1), it may include such conditions in such directions in the light of the facts of the particular case, as it may think fit, including-
(i) A condition that the person shall make himself available for interrogation by a police officer as and when required;
(ii) A condition that the person shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer;
(iii) A condition that the person shall not leave India without the previous permission of the Court;
(iv)Such other condition as may be imposed under sub- section (3) of section 437, as if the bail were granted under that section
(3) If such person is thereafter arrested without warrant by an officer in charge of a police station on such accusation, and is prepared either at the time of arrest or at any time while in the custody of such officer to give bail, be shall be released on bail; and if a Magistrate taking cognizance of such offence decides that a warrant should issue in the first instance against that person, he shall issue a bailable warrant in conformity with the direction of the Court under sub- section (1) of section 438 CRPC.
Regular Bail (Under CRPC Section 437 and 439)
When any person commits a cognizable and non-bailable offense the police will take him into custody. After the termination of the period of police custody if any, the accused must be sent to Jail. Under section 437 and 439 of CrPC, such accused has a right to be released from custody. So it means the Regular bail is the release of the accused from custody for ensuring his presence in the trial.
Temporary Bail
When a Regular Bail is not granted to an accused, he can still apply for temporary bail, under some grave and emergent circumstances like illness of a family member in the want to care, death of a family members etc.
Expertise:
As a Top Advocates in Ahmedabad and reputed law firm in Ahmedabad, we have enough experience and we know how to handle the complainant or Investigation officers or Accused or Witnesses during the cross-examination and also know how to identified weak section of the FIR and Charge sheet or other legal documents. As experienced Criminallawyers in Ahmedabad, we are aware about the latest judgments of the honorable high court and honorable Supreme Court. Our best lawyers are handling the CASE / MATTER and due to good experience we have proven records of some benchmark cases.
Offer:
As a reputed Criminal law firm in Ahmedabad, we are providing legal services in Ahmedabad Gujarat and we have specialized team of Bail Lawyers, Anticipatory Bail Lawyers, Parole lawyers, Criminal lawyers, NDPS case Lawyers, Prohibition case Advocates, POCSO Advocates, Land Grabbing Act Advocates, PCPNDT Act Advocates, PMLA Advocates, PASA Lawyers, GST Case Lawyers, Cyber Crime Lawyers etc. As well as file the Appeal or Revision at different session’s court of Gujarat or Gujarat High Court and Honorable Supreme Court.
Result or Benefits:
Our clients will get good services from specialized Bail lawyers of Gujarat and top Anticipatory Bail Attorneys of Gujarat, will get good guidance, as well as result-oriented based efforts and thus our Top Criminal lawyer and Best Criminal Advocates may be able to reduce the imprisonment of Accused or may get result as acquittal in some cases on the basis of evidences and benchmark judgments for our client, Our An experience advocates may give you the best result for your Cases and defend you at trial courtस Different District Courts of Gujarat and at Different Sessions Court of Gujarat and also at Gujarat High court a reputed Criminal law firm in Ahmedabad, we are providing legal services in Ahmedabad Gujarat and we have specialized team of Bail Lawyers, Anticipatory Bail Lawyers, Parole lawyers, Criminal lawyers, NDPS case Lawyers, Prohibition case Advocates, POCSO Advocates, Land Grabbing Act Advocates, PCPNDT Act Advocates, PMLA Advocates, PASA Lawyers, GST Case Lawyers, Cyber Crime Lawyers etc. As well as file the Appeal or Revision at different session’s court of Gujarat or at Gujarat High Court and also at Honorable Supreme Court.
Questions and Answers for Bail, Anticipatory Bail, and Regular Bail in Connection with CRPC 437, 438, 439 in India:
- What is bail under the Indian legal system?
– Bail is the temporary release of an accused person awaiting trial, typically granted upon the deposit of security to ensure their appearance in court.
- What is anticipatory bail?
– Anticipatory bail is a pre-arrest bail granted to a person apprehending arrest. It is obtained from a court to prevent arrest in anticipation of false or frivolous charges.
- What is regular bail?
– Regular bail is sought after the arrest of a person. It is the release of an accused person from custody pending trial.
- What are the provisions of CRPC 437?
– CRPC 437 deals with the provisions for the grant of bail in non-bailable offenses.
- Under what circumstances can bail be denied under CRPC 437?
– Bail can be denied if there are reasonable grounds to believe that the accused has committed a non-bailable offense and there are substantial reasons to refuse bail.
- What factors does the court consider while granting bail under CRPC 437?
– Gravity of the offense.
– Severity of the punishment.
– Likelihood of the accused absconding or tampering with evidence.
– Previous criminal record of the accused.
– Whether the offense is a crime against women or children.
- What is the purpose of anticipatory bail under CRPC 438?
– The purpose of anticipatory bail is to protect individuals from harassment and unjustified detention before trial.
- Under what conditions can anticipatory bail be granted under CRPC 438?
– Anticipatory bail can be granted if the court has reasonable grounds to believe that the accused is not guilty of the alleged offense and will cooperate with the investigation.
- Can anticipatory bail be granted for offenses punishable with the death penalty?
– Yes, anticipatory bail can be granted for offenses punishable with the death penalty.
- What is the duration of anticipatory bail under CRPC 438?
– Anticipatory bail remains in force until the conclusion of the trial, unless cancelled earlier by the court.
- What is the purpose of regular bail under CRPC 439?
– The purpose of regular bail is to ensure the appearance of the accused during trial and to prevent abuse of the process of law.
- Can regular bail be granted in non-bailable offenses under CRPC 439?
– Yes, regular bail can be granted in non-bailable offenses under CRPC 439.
- What factors does the court consider while granting regular bail under CRPC 439?
– Nature and gravity of the offense.
– Severity of punishment.
– Probability of the accused absconding or tampering with evidence.
– Past conduct of the accused.
– Likelihood of the accused influencing witnesses.
- Can bail be revoked after being granted?
– Yes, bail can be revoked if the conditions of bail are violated or if new evidence emerges warranting the revocation.
- What is the procedure for applying for anticipatory bail under CRPC 438?
– The accused must file an application for anticipatory bail before the competent court stating the apprehension of arrest.
- Who can apply for anticipatory bail under CRPC 438?
– Any person who apprehends arrest for a non-bailable offense can apply for anticipatory bail.
- What happens if anticipatory bail is not granted?
– If anticipatory bail is not granted, the accused may be subject to arrest by the police.
- What is the role of the police in granting bail?
– The police can arrest without a warrant in non-bailable offenses but cannot grant bail. Bail must be granted by the court.
- Can bail be granted without a formal application?
– Yes, in some cases, the court may grant bail without a formal application based on the circumstances of the case.
- Can bail conditions be imposed by the court?
– Yes, the court may impose conditions such as surrendering the passport, reporting to the police station regularly, or refraining from contacting witnesses.
- What is the difference between anticipatory bail and regular bail?
– Anticipatory bail is sought before arrest, while regular bail is sought after arrest.
- What is the effect of bail on the trial process?
– Bail allows the accused to be released from custody, enabling them to prepare their defense while awaiting trial.
- Can bail be granted by lower courts or only by higher courts?
– Bail can be granted by both lower courts and higher courts depending on the nature and seriousness of the offense.
- Can bail be granted for economic offenses?
– Yes, bail can be granted for economic offenses, subject to the discretion of the court.
- Is bail automatic for certain offenses?
– Bail is not automatic for any offense. It depends on the discretion of the court and the circumstances of the case.
- Can bail be granted if the accused is a flight risk?
– Bail may be denied if there is a substantial risk that the accused may flee to avoid trial.
- Can bail be granted to a habitual offender?
– Bail may be denied to habitual offenders or those with a history of repeated offenses.
- What happens if the accused fails to appear in court after being granted bail?
– The bail may be revoked, and the accused may be declared a proclaimed offender.
- Can bail be granted during the trial process?
– Yes, bail can be granted during the trial process if circumstances warrant it.
- Can bail be granted if the accused is deemed a danger to society?
– Bail may be denied if the court believes that releasing the accused would pose a danger to society.