Anticipatory Bail- Regarding
Giridhar
(Querist) 15 April 2011
This query is : Resolved
Is it possible to get an Anticipatory Bail in a criminal case for a person, if the victim is still in the hospital. people says that the criminal law restrict the provision of Anticipatory Bail until the victim remains in the hospital.please clear my doubt
Raj Kumar Makkad
(Expert) 15 April 2011
The Sessions Court while deciding anticipatory bail application can also ake into its consideration the status of victim along-with relevant other factors but generally it do not become part of consideration.
Advocate. Arunagiri
(Expert) 15 April 2011
You file the AB petition, but, it is upto the court to decide the genuineness and grant order.
Mohd Musabbir Ansari
(Expert) 16 April 2011
Mr. Giri
You may approch Session Court for granting of Anticipatory Bail.But you are not entitled bail as a matter of right. It all depend upon the sole discretion of the Hon'ble Court. Moreover each case has its own facts and circumstances.
james
(Expert) 16 April 2011
Court can consider the gravity of injury of the victim. Hospitalisation is a different matter which has only a limited role atthe time of consideration of bail.In govt hospitals normally treatment is free and even food also.So victims may remain there for more than 20days to make a hurt into grevious one,though the injury is simple one.Courts are consious of these facts.So u can approach the Sessions or High court for anticipatory bail.REFER:AIR 2011 SC pages 334-340.
indrajit mukhopadhyay
(Expert) 16 April 2011
If the nature of injury is not so serious then chance of getting 438 is higher.
