Anticipatory Bail on the Ground of Probability of Joining the Police Investigation | Criminal Law Attorney in Delhi NCR | Criminal Lawyer in Delhi NCR |
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“An anticipatory bail can be obtained from the Sessions Court or the High Court. The main contention of refusal o the anticipatory bail or rejection of the anticipatory bail application is the apprehension that the alleged accused shall not join the Police investigation. Having said that, if the Court is satisficed that the alleged accused shall be duly joining the Police investigation then his/her application for anticipatory bail can be allowed.”
Anticipatory bail can be sought on the ground that the accused can help in investigation by joining it. It is also one of the parameters which the Court keeps in mind while deciding whether to grant bail to the accused or not.
Grant of Anticipatory Bail on the Ground of Probability of Joining the Police Investigation: Best Criminal Lawyer Advice
An anticipatory bail can be sought on the ground that there is probability of the accused joining the police investigation and helping the police to seek justice. So, in these cases where there is probability of the accused joining the police investigation, instead of arresting the accused or taking the accused in judicial custody, the Court considers granting bail to the accused provided that the accused joins the police investigation and helps the police and does not become a hindrance in the police investigation.
Court considers granting bail in cases where the accused had previously participated in the investigation and the Court is of the opinion that the if granted bail to the accused, the accused would not cause any hindrance in the investigation whereas in cases where the accused is influential person in society and the Court considers that grant of pre-arrest bail or anticipatory bail would elude the success of investigation, the Court usually denies the application of bail and the precedents are there too, Where the hon’ble Supreme Court and high Court have cancelled or denied to grant pre-arrest bail to the accused on the ground that the accused have not participated in the police investigation and moreover, there are chances if the anticipatory bail is granted to the accused, it would elude the success of investigation as the accused is influential person or there are chances that accused might cause hindrance in the investigation.
In cases where pre-arrest bail is already granted and the Court failed to consider that it would be difficult for the police to interrogate the accused because of anticipatory bail, such pre-arrest bail order can be cancelled. So, anticipatory bail order can also be cancelled on the ground that the Court failed to notice the fact that it would be difficult for the police to interrogate the accused or the accused after grant of anticipatory bail have misused such a concession by interrupting the investigating or not-cooperating in the police investigation.
Case Laws
Padmakar Tukaram Bhavnagre and Another V. State of Maharashtra and Another [(2012)13 SCC 720]- In this case anticipatory bail granted to the accused by the Additional Sessions Judge was cancelled by the hon’ble high Court on the ground stating that the objections raised against the pre-arrest bail by the investigating agency were ignored by the Additional Sessions Judge and the custodial investigation of the accused is necessary, the hon’ble Supreme Court allowed the appeal and the impugned order by the high Court was set aside stating that the police would not found it difficult to investigate as the accused are protected by the order granting anticipatory bail to them.
Bhadresh Bipinbhai Sheth V. State of Gujarat [(2016)1 SCC 152]– In this case the hon’ble Supreme Court relied on the principle laid down in the famous case of ‘Sibbia. The principles laid down in this case are the parameters to be kept in mind while deciding whether to grant bail to the accused or not and the provision of anticipatory bail calls for the liberal interpretation because it is conceptualized in Article 21 which talks about the Right to Life. The hon’ble Supreme Court granted anticipatory bail to the accused stating that the accused had previously participated in the police investigation and the accused is fully cooperating with the investigation agency.
It can be concluded that the anticipatory bail can be cancelled or granted or denied to the accused on the ground that the accused is participating or cooperating with the investigation agency or not.
Authored By: Adv. Anant Sharma & Anjali Swami