Can I file caveat before applying for bail

872 votes

You hav not provided complete details of your case however you can apply Caveat in High Court before getting the bail application. .

Advocate Anurag Bhati LawRato

873 votes

Dear
One word answer is no. As, in criminal matters apart from the accused the other party is the State. The right of the accused as has been noted aforesaid has been denied by the Supreme Court. When the accused has no right of hearing, the State has also not been granted any opportunity of hearing by way of caveat. In bail matters a provision has been made that as and when an application for bail is to be considered by the court a notice to the Public Prosecutor is a must. There too it is only a mandatory notice. The State is not granted hearing by virtue of any caveat Proviso to Section 439(1) is referred in this regard, which provided that the High Court or the Court of Session shall, before granting bail to a person who is accused of an offence which is triable exclusively by the Court of Session or which, though not so triable, is punishable with imprisonment for life, give notice of the application for bail to the Public Prosecutor unless it is, for reasons to be recorded in writing, of opinion that it is not practicable to give such notice. Thus in the scheme of criminal law, the provisions of caveat have not only been provided but is generally not enforced also. Where a petition, not relating to any pending appeal, is expected to be filed or has been filed but has not yet been heard, any person claiming right to appear before the Court on the hearing of such petition, may lodge a caveat in that matter. Caveat Matching is done at the time of registration of the matter and if there is any caveat filed, a notice is sent to the Caveator with a copy to the Petitioner to serve copy of the petition along with its annexures upon the caveator and to file the proof of service. If the petition has already been filed, the petitioner shall be required to serve copy of the petition upon the caveator and deliver copies of papers filed in support of the petition to him. In view of the fact that the Code of Criminal Procedure, substantive law governing the criminal procedure, makes no provision for caveat, the right of the applicant to lodge a caveat is without any legal sanction. There having no legal sanction behind the caveat lodged by the applicant no consequences follow.
Regards

LawRato LawRato