Question: What Documents Are Required For Anticipatory Bail?

What conditions can be imposed on bail?

Under Section 437(3) the Court has got the discretion to impose certain conditions, on the person accused or suspected of the commission of an offence punishable with imprisonment, such as – (a) that such person shall attend in accordance with the conditions of the bond executed,(b) that such person shall not commit an ….

How do you escape the case in 420?

To avoid such harassment, the accused can apply for bail. The best option is to obtain an anticipatory bail under Section 438 of Criminal Procedural Code, 1973. Regular bail can also be preferred in case the Anticipatory bail is not applied.

How long can you stay on bail?

28 day limit on pre-charge bail The government has issued a 28-day police bail time limit, during which the police can carry out their enquiries under the Policing and Crime Act 2017. This means that if you are released on police bail, it should take no longer than a month for a decision to be made.

What are the responsibilities of a surety?

Responsibilities of a SuretyMaking sure the accused person comes to court on time and on the right dates.Making sure that the accused person obeys each condition of the bail order, also known as a recognizance.Conditions may require the accused person to report to the police and obey a curfew.More items…•

How much does it cost to get anticipatory bail?

Since, consulting a lawyer is a must in order to get an anticipatory bail, thus you must be aware of the amount of money that you need to spend for the same. An anticipatory bail can cost you around Rs. 25,000 to Rs. 30,000, depending on the seriousness of your case and the skills and experience of your lawyer.

What happens after anticipatory bail is granted?

Therefore, when a person who has obtained an order of anticipatory bail, gets arrested and then gets released by virtue of order of anticipatory bail, the person ceases to be in custody. Therefore, he can’t move regular court for regular bail as the very essence of regular bail is absent in such a situation.

Who can issue anticipatory bail?

Anticipatory bail is a direction to release a person on bail, issued even before the person is arrested. It is only issued by the Sessions Court and High Court.

Can anticipatory bail be Cancelled?

There is no specific provision that allows a court to cancel the order of anticipatory bail. However, in several cases it has held that when Section 438 permits granting anticipatory bail, it is implicit that the court making such order entitle upon appropriate considerations to cancel or recall the order.

What are the three types of bail?

There are three types of surety bonds: secured, in which the person pays the full amount of the bond to the court; partially secured, in which the person pays percentage of the full amount; and unsecured, in which the person promises to pay the full amount, but does not pay any money up front.

What is the difference between bail and surety?

Bails Vs Surety Bonds The difference between bail and surety bonds is that bail involving cash bonds only require the involvement of two parties—the defendant and the court. Surety bonds however, require the involvement of three parties in the bailing process—the court, the defendant and the bail agent.

What is a zero FIR?

It means that an FIR can be filed in any police station, irrespective of the jurisdictional limitations and location of the incident. The respective police station takes in the FIR and marks it as a zero FIR by giving it serial number zero and immediately transfer the documents over to the concerned jurisdiction.

What are the 7 types of bail?

Those seven different types are as follows:Surety Bonds.Cash Bail Bonds.Property Bonds.Citation Release.Recognizance Release.Immigration Bail Bonds.Federal Bail Bonds.

How many types of bail are there?

nine different formsThere are nine different forms of bail and the law requires that the judge give at least two ways of posting (paying) bail. The most frequently set forms of bail are cash and insurance company bonds.

Is Fir necessary for anticipatory bail?

Anticipatory bail can be granted even after an F.I.R. is filed, so long as the applicant has not been arrested. 103. This would show that even during the investigation, there are two stages at which there may be apprehension of arrest. One is, before the F.I.R. and another is subsequent to the F.I.R.

How long does it take to get an anticipatory bail?

15 to 30 daysAnswers (3) Sir normally the bail takes 15 to 30 days, as when you file a petition then the public prosecutor receives the petition he will file objections which takes few days, thereafter the arguments are heard then orders are passed , the whole process takes 15 to 30 days normally.

Who can cancel anticipatory bail?

The power to cancel the Anticipatory Bail is vested with the Court who grants the same, which can be due to new or supervening circumstances arise after the release on bail such as abuse of liberty by hampering the investigation or tampering with witness or committing same or similar offence or a case is made out in a …

What is the procedure of bail?

Bail can be given by the officer-in-charge of the police station or the police officer who is investigating. Section 170 of Cr. P.C. confers authority to give bail, in the officer-in-charge of the police station in case the person is accused of committing a non-bailable offense.

Which Offence is non bailable?

List of Bailable & Non-Bailable Offences Under Indian Penal CodeSectionOffenceBailable/Non -bailable124ASedition.Non-bailable131Abetting mutiny or attempting to seduce a soldier, sailor or airmanNon-bailable140Wearing soldier’s garb, sailor, airmanBailable144Punishment for unlawful assemblyBailable7 more rows•Jan 30, 2017

What are the documents required for bail?

Depending upon the Judge/Magistrate, the documents required will be Ration Card, Aadhaar Card, Voter Id or Passport. Some Judges may insist on original RC Book of vehicle or property documents to be shown. Some Judges may insist on Government Workers to stand as surety.

What are the grounds for anticipatory bail?

(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 …

What is surety bail?

A surety bond in the case of making bail is the amount of money in cash or property to ensure the arrested person attends all required court appearances. … This amount of money is held as collateral until the completion of the case. A surety bond is the usual path taken to bailing someone out of jail.