Pre Arrest bail and Anticipatory Bail are one and the same thing.
As the word itself suggests , pre which is before the arrest . One can apply for bail under Sec 438 CrPC if the person is apprehending arrest from the police authorities.
As each facts of the case are different so one rule may not fit all. Accordingly the courts grant anticipatory bails in criminal cases.
In the instant case, court denied pre arrest bail to Mr. Balhara as he was expected to rig the investigations and cause undue influence to the witnesses who have deposed against him.
The CBI Panchkula Court has issued non bailable warrants against Mr . Balhara whereby he moved anticipatory bail in the CBI Court .
The CBI Court’s decision is likely to be challenged in High Court where the possibilities are high that Mr. Balhara would be granted bail.
In practice , whensoever the chargesheet is presented and there is an addition of non bailable sections , the accused has to apply for regular bail again but subject to the conditions imposed by the court.
The CBI court clearly acknowledged the conspectus of the case and dismissed pre-arrest application.
The Jat Violence dampened the state Haryana profusely and caused heavy loss to the State exchequer.
The LegalSeva prays that the guilty should be punished eventually .
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