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Validity of an Anticipatory bail in India
24-Mar-2023 (In Criminal Law)
My brother has filed a divorce case and has also taken anticipatory bail since his wife is threatening him that she will file a dowry harassment & domestic violence case against him. Hence wanted to know what is the time period for which the Anticipatory bail is valid?
An Anticipatory Bail comes into action only after an FIR is filed against you and not before that. So if you have an Anticipatory Bail and a police officer arrests you, then you should produce the Anticipatory Bail before him and then he is bound to release you.
An application for Anticipatory Bail can be made to the High Court or the Court of Sessions, however normally it is to presented firstly to the Sessions Court unless case is made out straightway to the High court.
One can apply for anticipatory bail after filing of a cognizable case and before arrest.
Regarding period of validity of anticipatory bail, it depends upon the discretion of the court to grant the duration of validity of anticipatory bail. Where the court does not specify, it normally remains valid till your case is completely disposed of.
Generally court grants anticipatory bail for a period of 30 days and after the period of 30 days, one needs to apply for regular bail. But if the person is arrested, he must produce his Anticipatory Bail and also file for regular bail during the stipulated time of the Anticipatory Bail. Once the stipulated time expires, the person should either file for the extension of Anticipatory Bail or file it afresh. The anticipatory bail is granted till the filing of charge sheet but when charge sheet is filed, you need to go for regular bail.
An application for Anticipatory Bail can be made to the High Court or the Court of Sessions, however normally it is to presented firstly to the Sessions Court unless case is made out straightway to the High court.
One can apply for anticipatory bail after filing of a cognizable case and before arrest.
Regarding period of validity of anticipatory bail, it depends upon the discretion of the court to grant the duration of validity of anticipatory bail. Where the court does not specify, it normally remains valid till your case is completely disposed of.
Generally court grants anticipatory bail for a period of 30 days and after the period of 30 days, one needs to apply for regular bail. But if the person is arrested, he must produce his Anticipatory Bail and also file for regular bail during the stipulated time of the Anticipatory Bail. Once the stipulated time expires, the person should either file for the extension of Anticipatory Bail or file it afresh. The anticipatory bail is granted till the filing of charge sheet but when charge sheet is filed, you need to go for regular bail.
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Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.
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