Process of anticipatory bail in court
Anticipatory bail is not extraordinary in the sense that it should be invoked only in exceptional or rare cases. In such cases where the court is of the view that accused has joined the investigation and he is fully cooperating with the investigating agency and is not likely to abscond, in that event, custodial interrogation should be avoided, and anticipatory bail should be granted. Anticipatory bail is totally depending on the discretion of the court before which anticipatory bail is listed.
Process of Court in Anticipatory Bail
At the time of hearing the anticipatory bail application and granting the bail, court follow the manner of exercise of- facts of the case to be taken into consideration, evaluating averments and accusation available on record and after that court first issue the notice to Public Prosecutor and after hearing him, court may either reject anticipatory bail application or confirm grant of anticipatory bail,( meanwhile court can grant the stay of arrest to the applicant or not) and it may also impose conditions for grant of anticipatory bail and said discretion court exercised with due caution and prudence on the facts and circumstances of the case, without subjecting the discretion to self-imposed limitations. Although no inflexible guidelines or straitjacket formula can be provided in that regard, certain factors and parameters (albeit only illustrative and not exhaustive) laid down which can be taken into consideration while dealing with anticipatory bail.
Duration of Anticipatory Bail –
When the order of anticipatory bail is confirmed after hearing Public Prosecutor, the benefit of the anticipatory bail will continue till the end of the trial. The court never imposes any condition about time period or length of the duration of bail.
Court has to maintain balance
Essence of function involved in grant of bail and measures to ensure proper performance thereof – court exercise of said jurisdiction requires maintaining of perfect balance between two conflicting interests viz. sanctity of individual liberty and interest of society – because our constitution provide the each and every citizen to right of life and liberty and no one can be confined in any place without his will or arrest any person without any reason, even court also.
Conditions imposed by the court–
The High Court or the Court of Session may include such conditions in the light of the facts of the particular case to grant the anticipatory bail, as it may think fit, including:
- A condition that the person shall make himself available for interrogation by the police officer as and when required;
- 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;
- A condition that the person shall not leave India without the previous permission of the court.
Cancellation of anticipatory bail –
If anticipatory bail is to be granted and same liberty granted by court is misused then at the instance of Public Prosecutor or complainant, the court can cancel or modify conditions of anticipatory bail – Anticipatory bail can be canceled even on finding of new material or circumstances at any point of time – Anticipatory bail ordinarily be continued till trial of the case.