Anticipatory bail
SANKET UPADHYAY
(Querist) 15 January 2013
This query is : Resolved
Can court give order to accused must presence in court during hearing of his anticipatory bail? if yes under which section court has power? if no why?
Raj Kumar Makkad
(Expert) 15 January 2013
It is required under the same section under which such bail has been requested.
SANKET UPADHYAY
(Querist) 16 January 2013
DEAR SIR, IF THE BAIL REQUESTED UNDER 438 OF CRPC, HAS SESSIONS COURT POWER TO GIVE ORDER FOR ACCUSED TO PRESENCE IN COURT DURING HEARING OF MATTER.AND CAN SESSIONS COURT ORDER TO POLICE THAT DON'T ARREST TO ACCUSED UNTIL THE JUDGEMENT OF ANTICIPATORY BAIL NOT DECLARE.
IF SESSIONS COURT CAN EXERCISES THIS TYPE OF POWER, I WANT TO KNOW UNDER WHICH LAW OR SECTION SESSIONS COURT GIVE THIS TYPE OF ORDER.
Raj Kumar Makkad
(Expert) 16 January 2013
I think the definition of 438 itself make full sense of presence of the accused before court.
438. Direction for grant of bail to person apprehending arrest.
(1) When any person has reason to believe that he may be arrested on an 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; and that Court may, if it thinks fit, direct that in the event of such arrest, he shall be released on bail.
(2) When the High Court or the Court of Session makes a direction under sub- section (1), it may include such conditions in such directions in the light of the facts of the particular case, as it may think fit, including-
(i) a condition that the person shall make himself available for interrogation by a police officer as and when required;
(ii) 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;
(iii) a condition that the person shall not leave India without the previous permission of the Court;
(iv) such other condition as may be imposed under sub- section (3) of section 437, as if the bail were granted under that section.
(3) 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, be shall be released on bail; and if a Magistrate taking cogniz-
