Police is calling us-what to do?

Dear Sir

Once you have been granted Anticipatory bail by a Court, it is valid till the trial is complete. The Anticipatory Bail cannot be conditional. Please refer to the Supreme Court Judgment in the matter of Siddharam Satlingappa Mhetre v. State of Maharashtra and Ors.(reported in AIR 2011 SC 312:  AIR 2011 SCW 3813

 

In paragraph 101 of the reported judgment, the Supreme Court has laid down the proper course of action while dealing with application of anticipatory bail. The Court has also clarified that the anticipatory bail granted by the Court should ordinarily be continued till the trial of the case. The Supreme Court has observed that the Court granting bail has the power to cancel the bail in case of finding new material or circumstances against the accused. Hence the limiting the period of bail is held to be unconstitutional.

Please also refer to paragraph 105 onwards where the Supreme Court has considered the issue of limiting the period of bail granted by the Court. In paragraph 110, the Court has specifically observed that once the accused has been released on bail by the Court of Sessions or High Court, it is unreasonable to compel the accused to surrender before the trial court and again apply for regular bail.

In paragraph 117 of the judgement, the Court held that once anticipatory bail is granted, then the protection should ordinarily continue till the end of trial unless the bail so granted is cancelled by the Court on finding fresh material or circumstances or ground of abuse of the indulgence by the accused.

The Supreme Court, in paragraph 122 of the reported judgment, has also laid down the guidelines for the Courts below while dealing with the application for anticipatory bail. The Court has laid down ten factors and parameters which are to be taken into consideration while dealing with the application for anticipatory bail.

Hence, in my opinion, the anticipatory bail allows you to remain fee and prevents your arrest till the time the competent court cancels it or till the end of trial.

Divya Jyoti Jaipuriar, Adv.

+91-9868002365

divyajyoti [at] jaipuriar [dot] com

Dear Sir,

Its very pleased to learn from response by citing mehtre case. Though specific guidelines have not been issued on the duration of anticpatory bail.The SC has only commented and made ist version and the session courts still following those procedures by providing AB of limited duartion in which the accused has to apply for regular bail before trail court

But my query is whether we should approach to the Police station for bail or should we directly approach to the area magistarte for regular bail?

The reason Mahtre is not followed by the trial court is that this judgment is not referred to by the accused. The Court in Mhatre case is very clear particularly on (i) guidelines on deciding the application for AB and (ii) the duration of the bail till the end of trial. In your case, in view of the AB order, I suggest that you approach the Court of competent jurisdiction and seek bail in line with Mhatre judgment.