Being held in custody is not a very pleasant experience. It can be a traumatic time for the accused, their family, and their loved ones. In such cases, the quicker you act the better!
However, we understand that civilians do not always have the greatest idea when it comes to the legalities of the court. This is why we are going to lay out the basics so that you can understand where you lie!
What Kind of Bail Do You Need? - Regular or Anticipatory :
The question you have to ask is, is the accused already behind bars, or do they have an apprehension that they are likely to be arrested?
Generally speaking, regular bail pertains to those who are already arrested. Anticipatory bail on the other hand is a provision usually reserved for those people who are apprehending their arrest, or they have some reason to believe that they will be arrested.
Only your advocate can really help you effectively take care of your documentation and court procedures, so it is well-advised that you get in touch with them as soon as you can!
It’s Time To Identify The IPC Offense That You Fall Under :
There are two types of sections under the IPC: cognizable offences, and non-cognizable offences.
In a cognizable offence, the police do not even require a warrant to arrest you, and as a result, the documentation and paperwork that goes into each of these offences are completely different.
As a cognizable offence tends to be a much more serious crime, the case becomes all the more complicated and swift action is required. In such cases, the sooner your advocate gets involved the better it is!
Bail Is Not Your Right! :
This is a very common and very dangerous misconception! In people mind .you must know that Bail is at the discretion of the court for a cognizable offence and it can be taken either in the magistrate court, session court, high court, or the supreme court depending upon case to case and other factors. Again, it should be noted that only a skilled and qualified attorney will be able to guide you through the proper court procedures and documentation such that you have the highest chances of successfully getting bail.
Don’t Stake Your Freedom! - Now Is The Time To Get Help :
Life behind bars no matter how short-lived is not cakewalk. No matter the charges that you are facing, and no matter the accusations you have against you. Talk to us for an expert consultation. Remember that the clock is always ticking!
Even after going through all of these, you might still have a few questions such as the ones mentioned below:
- Can my advocate help me get bail even if I am accused of a non-bailable offence?
- Do I need an advocate to file bail even if it is a bailable offence?
- Can my anticipatory bail be cancelled?
- Is it possible to travel abroad after getting an anticipatory bail?
- Do the police have the right to arrest me if I had been granted anticipatory bail?
- Can a bail in a bailable offence be refused if the accused is unable to furnish surety?
- Can bail be cancelled even after it has been granted?
An expert legal counsel is aware and are expertise in law and will be able to provide an answer to your query. so, we advise to consult your legal counsel for the same.