Anticipatory bail relaxation conditions
Querist :
Anonymous
(Querist) 24 June 2021
This query is : Resolved
if Anticipatory bail is granted by the session court then in which section does relax or modify of anticipatory bail conditions can be filed...?
ashok kumar singh
(Expert) 25 June 2021
S. 438
Direction for grant of bail to person apprehending arrest
Where any person has reason to believe that he may be arrested on accusation of having committed a non-bailable offence, he may apply to the High Court or the Court of Session for a direction under this section that in the event of such arrest he shall be released on bail; and that Court may, after taking into consideration, inter-alia, the following factors, namely—
the nature and gravity of the accusation;
the antecedents of the applicant including the fact as to whether he has previously undergone imprisonment on conviction by a Court in respect of any cognizable offence;
the possibility of the applicant to flee from justice; and.
where the accusation has been made with the object of injuring or humiliating the applicant by having him so arrested,either reject the application forthwith or issue an interim order for the grant of anticipatory bail;
Provided that, where the High Court or, as the case may be, the Court of Session, has not passed any interim order under this Sub-Section or has rejected the application for grant of anticipatory bail, it shall be open to an officer in-charge of a police station to arrest, without warrant the applicant on the basis of the accusation apprehended in such application.
1A. Where the Court grants an interim order under Sub-Section (1), it shall forthwith cause a notice being not less than seven days notice, together with a copy of such order to be served on the Public Prosecutor and the Superintendent of Police, with a view to give the Public Prosecutor a reasonable opportunity of being heard when the application shall be finally heard by the Court,
1B. The presence of the applicant seeking anticipatory bail shall be obligatory at the time of final hearing of the application and passing of final order by the Court, if on an application made to it by the Public Prosecutor, the Court considers such presence necessary in the interest of justice.
When the High Court or the Court of Session makes a direction under subsection (1), it may include such conditions in such directions in the light of the facts of the particular case, as it may thinks fit, including—
a condition that the person shall make himself available for interrogation by a 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;
such other condition as may be imposed under Sub-Section (3) of section 437, as if the bail were granted under that section.
If such person is thereafter arrested without warrant by an officer in charge of a police station on such accusation, and is prepared either at the time of arrest or at any time while in the custody of such officer to give bail, he shall be released on bail, and if a Magistrate taking cognizance of such offence decides that a warrant should issue in the first instance against that person, he shall issue a bailable warrant in conformity with the direction of the Court under Sub-Section (1).
Nothing in this section shall apply to any case involving the arrest of any person on accusation of having committed an offence under sub-section (3) of section 376 or section 376AB or section 376DA or section 376DB of the Indian Penal Code 1.
1.Criminal Law (Amendment) Act, 2018
ashok kumar singh
(Expert) 25 June 2021
petition before the Sessions Court under Section 439 (1) (b) of Cr.P.C. seeking to modify the condition imposed in the bail petition
Dr J C Vashista
(Expert) 27 June 2021
Well advised by experts on this academic time pass topic, I agree and appreciate.
T. Kalaiselvan, Advocate
(Expert) 29 June 2021
The petition for relaxation of conditions of the bail may be filed under the same section by which the bail application was filed before the concerned court.
Your advocate who fetched you the AB will be knowing about the procedures to be adopted in this regard hence confide in him for all such future needs.
P. Venu
(Expert) 04 July 2021
You have not posted the material facts.
