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Validity of an Anticipatory bail in India
24-Mar-2023 (In Criminal Law)
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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Adv. Chikirsha Mohanty
Delhi | 200+ Answers
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