This sub-section covers all legal queries relating to bail.
5 legal queries in this sub-section
Anticipatory Bail – Filing, Appropriate Court, Grounds, Considerations, Conditions, Duration, Appeal, Cancellation
An anticipatory bail application can be filed if the person apprehends arrest on accusation of a cognizable, non-bailable offence. It can be filed either before Sessions Court or before the High Court.
Can anticipatory bail application be filed even before registration of First Information Report (FIR)
Yes, anticipatory bail application can be filed even before registration of FIR but there should be reasonable basis for apprehension of arrest.
What is deemed custody? Whether the accused need to surrender and seek regular bail if a recovery has to be done by the police?
No, the accused is not required to separately surrender and seek regular bail. Deemed custody is sufficient to fulfil the requirement of Section 27 of the Evidence Act.
Regular Bail – Filing, Appropriate Court, Grounds, Duration, Appeal, Cancellation
A regular bail is sought after an accused has been arrested by the police / investigating agency. It can be filed on behalf of the accused by his pairokar (a close relative).
What is a default bail? Can a person be granted bail if charge-sheet is not filed in prescribed period?
The right to bail on failure of police / investigating agency to submit a complete charge-sheet / challan / police-report within a prescribed period is commonly referred to as ‘default bail’ or ‘compulsive bail’ or ‘statutory bail’.