The right to liberty is the natural right and also the fundamental right of an individual. However, a person has to respect the rights of others recognized by law like the inviolability of their body and their property. The act of arrest deprives a man of his liberty. Bail sets him free on securing his promise to take trial at a future date and to undergo punishment if found guilty.
The concept of bail flows from the right to liberty which is sanctified as one of the fundamental rights in the Constitution of India in Article 211 and its practice prescribed in Article22(2) as a working theorem and its corollaries in the provisions of Sections 436, 437 and 439 of the Code of Criminal Procedure, 1973 with a new multiple of Anticipatory Bail thrown in to be resolved into infinite kindly factors by the developed minds of judges imagining what the true state of facts would have been to balance for the time being the agonies of the supposed wrong-doer and the wronged.
Recently an incident came into limelight when a Deputy Inspector General (DIG) of Maharashtra Police was booked under Protection of Children from Sexual Offender (POCSO) act for allegedly molesting a 17-year-old girl at her birthday party. When police reached his home as well as his office he was found to be evading arrest. An anticipatory bail application was filed by him in the Panvel sessions court which scheduled the hearing on 7th of January 2020.
The certain important aspects of Anticipatory bail are discussed below-
- Whether the offender can temper with the evidence if released on bail.
- Is the alleged offence heinous and grave in nature.
- Whether there is strong likelihood of offender not returning to police.
- Past antecedents of offender.
- Accused requirement of custodial interrogation and recovery of crime proceeds.
- Stage of Trial
Rest as per criminal jurisprudence, Bail is rule and Jail is exception. For case specific advice, get in touch with best/top expert criminal lawyer of Chandigarh Panchkula Mohali.
This post is written by Abhay Tripathi. For more info, dial 99888-17966.