Archive for July 14th, 2007

What Is Anticipatory Bail ?

WHAT IS ANTICIPATORY BAIL?

Anticipatory bail is a direction to release a person on bail, issued even before the person is arrested.
Here is an explanation of Anticipatory bail given by the Supreme Court (Gurbaksh Singh Sibbia v The State of Punjab AIR 1980 SUPREME COURT 1632). A person can apply for AB even after the FIR is filed, but not if the person has been arrested. Read the excerpts to get an understanding of AB:

  • 35. Section 438 (1) of the Code lays down a condition, which has to be satisfied before anticipatory bail can be granted. The applicant must show that he has “reason to believe’ that he may be arrested for a non-bailable offence. The use of the expression “reason to believe” shows that the belief that the applicant may be so arrested must be founded on reasonable grounds.
  • Thirdly, the filing of a First Information Report is not a condition precedent to the exercise of the power under S. 438. The imminence of a likely arrest founded on a reasonable belief can be shown to exist even if an FIR is not yet file.
  • Fourthly, anticipatory bail can be granted even after in FIR is filed, so long as the applicant has not been arrested.
  • After arrest, the accused must seek his remedy under S. 437 or Section 439 of the Code, if he wants to be released on bail in respect of the offence or offenses for which he is arrested.

____________

The four factors, which are relevant for considering the application for
grant of anticipatory bail, are
:

  1. The nature and gravity or seriousness of accusation as apprehended by the applicant;
  2. The antecedents of the applicant including the fact as to whether he has, on conviction by a Court, previously undergone imprisonment for a term in respect of any cognizable offence;
  3. The likely object of the accusation to humiliate or malign the reputation of the applicant by having him so arrested; and
  4. The possibility of the appellant, if granted anticipatory bail, fleeing from justice.

____________

Here is a post that clarifies it all:  SC Explains Anticipatory Bail – 2009

____________

When Can A Person Apply For AB ?: When any person apprehends that there is a move to get him arrested on false or trump up charges, or due to enmity with someone, or he fears that a false case is likely to be built up against him. He has the right to move the Court of Session or the High Court under section 438 of the code of Criminal Procedure for grant of bail in the event of his arrest, and the court may, if it thinks fit, direct that in the event of such arrest, he shall be released on bail.

Conditions That May Be Imposed By The Court: The High Court or the Court of Session may include such conditions in the light of the facts of the particular case, as it may think fit, including:

· A condition that the person shall make himself available for interrogation by the police officer as and when required;

· A condition that the person shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the court or to any police officer;

· A condition that the person shall not leave India without the previous permission of the court.

Arrest: If such person is thereafter arrested, and is prepared either at the time of arrest or at any time while in the custody of such officer to give bail, he shall be released on bail and the magistrate taking cognizance of such offence decides that warrant should be issued against that person, he shall issue a bailable warrant in conformity with the direction of the court granting anticipatory bail.

Anticipatory Bail Not A Blanket Order: The applicant must show by disclosing special facts and events that he has reason to believe, that he may be arrested for a non-bailable offence so that the court may take care to specify the offence or offences in respect of which alone the order will be effective and it is not a blanket order covering all other offences.

Cancellation: An accused is free on bail as long as the same is not canceled. The High Court or Court of Session may direct that any person who has been released on bail be arrested and commit him to custody on an application moved by the complainant or the prosecution.

Anticipatory Bail Not Available In Uttar Pradesh

__________________________________________________

A Basic Guide To US Courts

This is a pdf prepared by the Iowa state Judicial Branch. Thought this would be useful to NRIs.

Download the pdf here: A Basic Guide To US Courts

_________________________________________

Swarup Sarkar DV Act Judgment 2007

Swarup Sarkar won the Domestic Violence case filed by his wife.

Here is some background information from the TOI which sheds some light on the Swarup Sarkar story:  Man complains, wife summoned over abortion

Here is the judgment: Swarup Sarkar DV Act Judgment 2007

You may also want to read this: Indira Jaising On The First Anniversary Of The “Clumsily Drafted” DV Act

______________________________________________

India To Register Pregnancies To Fight Foeticide

Another act of stupidity emanates from the hallways of the Ministry of Women and Child Development. The Hon’ble Minister, you can see her in action here on YouTube, would like to register all pregnancies in the country to prevent foeticide. Forget the logistics involved. I would like to see the Hon’ble Minister, taking her daughter to the responsible Govt Office and saying to the chap on duty, “Here is my daughter and she is pregnant, the father is my son-in-law, please register the pregnancy.”

Another bit player in this silly act is the Minister Ambumani Ramdoss. He has allegedly been pushing for the appointments of doctors to AIIMS, the premier health care institute, based on their caste and not on the strength of their credentials.

Back to this story, I have a few questions:

  • Apart from the issues of privacy involved, we can toss in the issue of religion. Can you imagine a Muslim couple doing this? or will they be exempt to fend off the backlash?
  • What about the conservative people in the cow belt? Would they be willing to parade their pregnant wives before unknown men or women?
  • How about this situation where a women unfortunately has an abortion due to reasons beyond her control and the foetus is a female? Will she be booked for murder?
  • What if a woman wants to abort regardless? Aren’t we now infringing on the reproductive rights for women? The feminists, internationally, will be up in arms.
  • What does one do if a woman has an abortion just because she wants a male child and gets a certificate from a doctor saying that the pregnancy was putting her life at risk?

And then think about logistics involved in implementing this law.

You can read about the whole thing here.

All in all, this is a classic example of a self goal, as this law is bound to piss off the feminists, internationally.

Here is Gloria Steinem saying: “I would say that a crucial contribution of feminism is to add reproductive freedom as a fundamental human right. Controlling women’s bodies as the most basic means of production, the means of reproduction, is the origin of patriarchy; thus of domination and hierarchy. Women are reversing that process by seizing control of the means of reproduction, and restoring balance.”

Righto! and we can see women standing before the Babus and saying that “Hey! We are pregnant! Register it!” What would good old Gloria say to that ?

At the least, this is an act of stupidity, literally.

___________________________________


Visitors Since Mar/14/07

  • 3,027,507

Cluster Map

Live Traffic

Archives

Top Rated Posts

Some Interesting Stats On Arrests Of Women

In 1930, the British govt arrested 17,000 women for their involvement in the Dandi Yatra (Salt March). During 1937 to 1947 (10 Years), they arrested 5,000 women involved in the freedom struggle. From 2004 to 2006, the govt of India arrested 90,000 women of all ages under 498A. On the average, 27,000 women per year are being arrested under this flawed law. These are stats from the NCRB.

Copyright Notice:

The content of this blog is copyrighted. You are required to obtain prior permission before locally hosting or reproducing online or in print, any or part of the content. You are welcome to directly link to the content from your site. Page copy protected against web site content infringement by Copyscape MyFreeCopyright.com Registered & Protected Creative Commons License
This work is licensed under a Creative Commons Attribution-Noncommercial-No Derivative Works 3.0 Unported License.

Disclaimer:

The family of the writer was tortured by the Indian Police in an attempt to extort over a $100,000 by holding them in custody for over a week. The police, in cahoots with the magistrate and the PP, did this due to the ridiculous allegations made in a 498A case by his embittered ex-wife. She filed the case years after he and his family had last seen her. Thousands of 498A cases are filed each year in India by women seeking to wreak vengeance on their husbands and in-laws. Enormous sums are extorted from intimidated families implicated in these cases by corrupt Indian police officers and elements of the Indian judiciary. The author and his family haven't bribed any public official nor have they given in to the extortion. This blog aims to raise awareness of due process in India. The content of this blog constitutes, opinions, observations, and publicly available documents. The intent is not to slander or defame anyone or any institution and is the manifestation of the author's right to freedom of expression – with all the protections this right guarantees.

Get Adobe Acrobat Reader

You will need adobe acrobat to read most of the documents. Please download adobe acrobat reader. Get Adobe Acrobat For Your System
July 2007
M T W T F S S
« Jun   Aug »
 1
2345678
9101112131415
16171819202122
23242526272829
3031  

%d bloggers like this: