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What is the duration of anticipatory bail?
The Constitutional Bench of the apex court unanimously held that “there can be no time limit for the anticipatory Bail and the protection granted to a person under Section 438 Cr. PC should not consistently be limited to a fixed time; it should be in favor of the accused without any restraint on time.”
What is the procedure after getting anticipatory bail?
Firstly once you get anticipatory bail court will ask you to furnish surety along with personal bond before the local jurisdictional police station or to appear before lower court and apply for bail. In any case once anticipatory bail is granted you will not be arrested.
Can anticipatory bail be extended?
THE PUNJAB and Haryana High Court, while dismissing the anticipatory bail plea of an accused in a Negotiable Instruments (NI) Act case, has held that the scope of anticipatory bail cannot be extended to cases where such apprehension of arrest is on account of jumping bail.
Is anticipatory bail temporary?
Bail means the temporary release of the accused from the custody of police either with or without surety i.e., either by entering into the bail bond or without a bail bond. To obtain bail the court may order to give some security in the form of cash, bond, or property.
Is anticipatory bail amount refundable?
In bail, we pay a set amount of money to obtain our release from police custody. As part of our release, we promise to appear in court for all of our scheduled criminal proceedings. If we show up to court as promised, bail amount will be refunded or returned.
Is it easy to get anticipatory bail?
Immediately contact a good lawyer to apply for anticipatory bail and pre-arrest notice. Draft an anticipatory bail application along with your lawyer and sign it. The application must also include an affidavit supporting it. A copy of the FIR along with other relevant documents must be attached.
Can anticipatory bail be granted in 354 IPC?
354 of IPC is not made out. The essential ingredients of section 354 of IPC are lacking. The applicant cannot be denied bail in this offence, but the applicant has apprehension of being arrested and, therefore, he deserves protection of anticipatory bail, Dr. Chandrachud argued.
Is bail amount returned?
The bail amount is refunded by the court to the innocent at the end of his/her trial. The court does not return it with interest. Therefore, the court is not bound to provide interest on the amount withheld by it in the form of bail.
How much does anticipatory bail cost?
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 is the punishment under section 354?
Whoever assaults or uses criminal force to any woman, intending to outrage or knowing it to be likely that he will there by outrage her modesty, 1 [shall be punished with imprisonment of either description for a term which shall not be less than one year but which may extend to five years, and shall also be liable to …