Clarification regarding bail and anticipatory bail
05-Mar-2023 (In Criminal Law)
Please clarify whether High Courts are mandatorily required to record reasons given for either accepting or rejecting a bail petition for offence charged under sections 306/302/34. Please explain with reference to anticipatory bail and regular bail, both. Can granting of bail be challenged if no reasons for it are given. Is granting a bail complete discretion of judges. Can a bail be challenged which has been granted by a High Court judge without recording any reason or without discussing merit/demerit of opponent party (say, prosecution) even though the opponent party have given strong reasons for opposing the bail. If so, where and at what level ?
These are the three kinds of bail that IPC provides to an accused person.
Anticipatory bail- This is the bail asked by a person who has an anticipation that he might get arrested in some days. So he applies for the bail even before the arrest.
Regular bail- when a person is granted bail by the court after arrest.
Interim bail- temporary bail granted by the court during pendancy of any application.
Anticipatory bail- This is the bail asked by a person who has an anticipation that he might get arrested in some days. So he applies for the bail even before the arrest.
Regular bail- when a person is granted bail by the court after arrest.
Interim bail- temporary bail granted by the court during pendancy of any application.
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