About Bails Special Leave Petition – Who can help You In That?

A special leave petition, also known as Anticipatory Bail is an official statement that can be drawn before the actual arrest of a person, for any non-bailable offense. Under Section 438, of the Criminal Procedure Code, Anticipatory bail has been legalized. Under this Bails Special Leave Petition, any person who has been arrested for any non-bailable offense may receive bail if the deemed authorities see it fit.

When and Why are Special Leaves required?

Special Bails like Anticipatory bails have to be drafted before the arrest of the person involved. If the person apprehends that foul play may be involved regarding a matter of his/her arrest, they can get an Anticipatory bail from the sessions court or the respective high court. Distinguished people can also get Anticipatory Bail from Supreme Court.

For the successful issue of the Anticipatory bail, a person needs to show successfully that he/she is likely to be arrested for an offense. The issuing authority will draft a formal document, which contains following rules that have to be followed for the successful issue of an Anticipatory Bail-

– The person should make him / her available for interrogation when required to be.
– The person shall not be found guilty of directly or indirectly constraining any person from speaking the truth. In case the person is found guilty of making a threat, inducement or promise of the same kind, the Anticipatory statement for the bail will be deemed void.
– The person should not leave India within 12months of issuing of the order. In case of emergency, previous permission of the respective court authorities is mandatory.

What happens after?

In case the person is arrested for a specific non-bailable offense against any person, group, organization or the state, the previously drafted Anticipatory Bail can be helpful. It is important to note that in case the person is arrested for any offense outside of India, then the Anticipatory Bail will act void. Following are a list of the few non-bailable offenses where Anticipatory bails can be helpful-

– Abetment of Law by violating public laws.
– Criminal conspiracy resulting in murder.
– Attempt to wage war against a person, group or the state.
– Sedition.
– Abetting mutiny and attempt to seduce an officer of the state.
– Counterfeiting Indian currency.
– Adulteration of Drug.
– Death due to dowry.
– Trafficking, Kidnapping children, Rape, Extortion, Robber, Misconduct to Husband/Wife.

After the successful arrest of the person, the person responsible or a family member can issue a formal offer for bail following which the Anticipatory Bail is reviewed for viability. The petition for reopening of the case is transferred to the next higher court in the Indian Court of Command Chain, following which the case reopens against a person, group, or the state. The person arrested has the right to get a lawyer of his choice. In case of failing to choose a lawyer, the state will provide the arrested with a lawyer. It is important to choose your lawyer carefully. Some of the best professional lawyers generally don’t compete for Anticipatory bails.

After the successful reopening of the case in High Court, the judge sets a date for the case to proceed and hence the motion sets on. For the time being, the person is released on Anticipatory Bail. If it is found that the person is guilty of whatever charge was brought against him, then the court can direct him to be arrested again.

If the person doesn’t appreciate the help of the High Court, he/she can transfer the case to the supreme court. Once the transfer petition in the Supreme Court is accepted the case is reopened in the highest court.

It is possible for the arrested person to receive bail from Supreme Court depending on what charges were brought. The case progresses like other cases and if the person is found guilty, then the Supreme Court will issue a direction for the arrest.

Note: An anticipatory bail cannot be issued while contending another case for the same.