By karan08 The right to liberty is a natural right as well as a fundamental right of an individual. But it is necessary for a person to respect the rights of others as recognised by the law such as inviolability of body and property. Arresting a person would deprive him of his right to liberty. The option of bail, however, has been provided to set such a person free on securing his promise to take trial at a future date and to undergo punishment if found guilty.
Anticipatory Bail
The concept of anticipatory bail would come into place in a situation where the accused rightfully fears arrest in cases of cognizable offences. Based on the gravity of the allegations, a person can avoid arrest altogether. However, there are cases where arrest is made and the accused is set free as per the provisions of the bail as provided under the Criminal Procedure Code. In criminal cases, especially related to dowry, the anticipation bail may come as a relief to many people. As could be understood from the name itself, it is applied for in the anticipation of arrest.
Application for anticipatory bail
Anticipatory bail is a direction to release a person on bail, issued even before such person is arrested. If the accused has reason to believe that he/she may get arrested while accused of having committed a non-bailable offence, then in such a situation, he/she can apply for an anticipatory bail in the Sessions Court or High Court. One can apply for anticipatory bail after learning about a criminal complaint made against him/her.
Anticipatory Bail under Section 438 of the CrPC
Many misconceptions are there regarding the Anticipatory bail. One such misconception is that a complaint filed under Section 498a if the IPC would automatically mean arrest warrant. However, this is not true. Another misconception is that the filing of the FIR is necessary to apply for anticipatory bail. Again this is not the case and it is important for the lawyers to understand the concept of Section 438 of the CrPC.
Criminal Lawyer
Criminal cases could be completely different from one another, criminal lawyers in Delhi could help you understand your case in a better light and will have the knowledge to find subtle evidence and reasons as to how you may be able win your case.
An experienced criminal lawyer will be able to help you spot certain arguments or factors which could mitigate or even negate any potential crime. Even in situations where you are guilty or the evidence is against you, your criminal lawyer can help you reduce fines or jail times.
Duties of a Criminal lawyer
A criminal lawyer should be dynamic as well as trustworthy, must also be able to explain complex topics to the court and he/she should be prepared to discuss any aspect of the case.
- Pursue justice- A criminal lawyer will be responsible to uphold the rights of his/her clients so that they can be treated with fairness, as per the law of which they are being suspected of breaking.
- Help obtain the evidence as well evaluate it- a criminal lawyer would be able to find evidence which can help his client prove his/her innocence. The criminal lawyer should also be able to review the evidence so as to ensure if the evidence so produced is valid. In case the defence lawyer has reason to believe that the evidence so produced is not valid or does not support the allegations made against his client, then he must work tirelessly to have the case dropped against his/her client as early as possible.
- Should ensure that the client is aware of his rights- As per the provisions of the criminal law, a client must be aware of his rights. The criminal lawyers in Pune would ensure that their clients are aware of their rights, as well as prepare them for what they could expect during the court proceedings.
Conclusion
Some of the criminal lawyers specialise in certain types of cases only, while others do not, hence all the criminal lawyers do not deal with the same kind of cases. When filing a case in the criminal court, it will be the duty of your criminal lawyer to ensure that your rights are protected throughout the process. Similarly, a criminal lawyer could offer you all necessary details regarding anticipatory bail in relation to your case as well offer you required guidance. While hiring a criminal lawyer, you may look for references amongst your friends, family or can also do an online search. Legal Firms, nowadays also offer you various experienced advocates as per the subject matter of your case.
Lead India offers you a team of experienced advocates who can assist you with the criminal proceedings if you are facing criminal charges or if you need to file a case if a wrong has been committed against you. Hence, if you seek free legal advice online or talk to a lawyer, you may contact us.
