ANTICIPATORY BAIL

Oct. 17, 2021

The Supreme Court has held that a superior court can set aside an anticipatory bail order if there was enough material to suggest that factors like gravity of the offence and the role of the accused in the crime were not considered by the lower court.

About:

  • Under Section 438 of the Criminal Procedure Code there is a provision for a person to seek ‘Anticipatory Bail’. This means that an individual can seek or request to get bail in anticipation or in expectation of being named or accused of having committed a non-bailable offence.

  • To get anticipatory bail the person seeking it, must approach the Court of Sessions or the High Court and citing section 438 of the Criminal Procedure Code apply for it.

Source : The Hindu