If AB is rejected on authenticity of voice recordings - exhaust your chances before going to below points -file a revision petition challenging the rejection of the audio recording. Then try
1. State's Forensic Lab
2. A private organisation called Truth Labs, Hyderabad. Not sure, if their findings are admissible in the court. their website linked here : http://truthlabs. org/services. php
Bail commonly means release on one’s own bond, with or without sureties. The purpose of bail is not to set the accused free, but to release him from custody and to entrust him to the custody of his sureties who must produce him at his trial at a specified time and place. Every accused person is presumed under law to be innocent until proved guilty. An opportunity is given to him to prove his innocence by granting bail.
LAW IN DETAIL………
The offences committed by an accused fall under two categories:
1. BAILABLE OFFENCES :
Bailable offences are offences mentioned in the I schedule of the Indian Penal code as bailable offences. When any person accused for a bailable offence is arrested or detained without warrant by police officer or is brought before a Court, he must be released on bail, if a request for bail is made. In case of a bailable offence, bail is a matter of right . If such officer or Court thinks it fit, such person maybe released on a personal bond without sureties. If for any reason, the police doesn’t give bail, the arrested person must be produced before a Magistrate within 24 hours of arrest.
In case a person is accused of a non-bailable offence it is a matter of discretion of the court to grant or refuse bail and and application has to be made in court to grant bail. A person will not be released if there are reasonable grounds for believing that he has been guilty of an offence punishable with death or imprisonment for life; (or) Such offence is a cognizable offence and he had been previously convicted of an offence punishable with death, imprisonment for life or imprisonment for seven years or more, or he had been previously convicted on two or more occasions of a non-bailable and cognizable offence. However a person under the age of sixteen years or a woman or a sick or infirm person may be released on bail. If, at any time after the trial of a person accused of a non-bailable offence and before judgment is delivered, the Court feels that the accused is not guilty of any such offence, it shall release the accused on bail.
3. Anticipatory Bail :
If a person believes that he may be arrested for a non-bailable offence, he may apply to the High Court or Court of session for anticipatory bail i.e, in the event of arrest, he shall be released on bail. While granting anticipatory bail, the court may impose certain conditions in the interest of justice and to ensure that no obstructions are created on the path to justice. The accused may have to take the permission of the court before leaving the country. The anticipatory bail is valid during the whole proceedings of the case unless cancelled earlier.
PROCESS FOR SOLUTION…………Complaint Under which Section ?
Section 436 - 450
Whom to complain / where to complaint? ……
• The police officer himself grants bail in bailable cases
• The Magistrate grants bail in non-bailable cases
• The Court of session & High Court have special & wide powers to grant bail.
How to file the Case ? ……………………
• For non-bailable offences, apply to the concerned magistrate setting out the grounds for the grant of bail.
• In case the court is convinced that bail should be granted, it passes the order after hearing the arguments.
• At that stage fill in the bail bond duly signed by the surety and to be filed through his advocate. The surety takes the responsibility for producing the accused person in the court.
• The amount of every bond executed shall be fixed with due regard to the circumstances of the case.
• A 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 filed by the complainant or the prosecution.
• In case of a bailable offence, only the bail bonds must be filed. No application is required to be made.
What Next ? ………………………
• Where a person is released on bail he should make himself available to the police whenever they need him
• If he is released on a conditional bail, he must fulfill all the conditions
• If he refuses to comply with the conditions, the court will refuse any further applications for bail.
• A person released on bail by police must seek fresh bail from court.
There are no Alternative remedies
What should be written in the application?
In the application always mention the following things:
• Name :
• Offence for which he was arrested :
• Date of arrest :
• Address, years of residence and description of family :
• To whom the house belongs
• If a tenant, details of landlord:
• Place of work and other details:
• Mention whether arrested earlier or not, if not involved in any crime then mention it :
• Write " I promise that I will not abscond/mislead the witnesses/manipulate or destroy the evidences/whenever called I will appear before the court of Police Station."
• Request to be released on bail :
• Give Details like I Stay_____ ( place ) or I belong to ________ community. People from_____ Community know me very well therefore there is no apprehension of my absconding.
• This application should be placed before the magistrate on first hearing.
• It could be given either in writing or in oral.
This rule is framed in almost every state which the High Court of that respective state enforces on ALL magistrates or criminal courts under it(their jurisdiction). Basically it dictates the code and procedure/guidance to be followed in the criminal courts. It derives its power from the Cr.P.C 477 and is notified. Hence, mandatory.
I request the moderator to put this rule in the front page. Unnecessarily many people are attending court and many Magistrates are issuing Non-Bailable Warrants i.e exercising their powers ultra vires the rules. They are bound by it. This must be brought to the notice of the magistrate and if he does issue , then HC will give you respite even after chargesheet - dispense with appearance petition. These rules are mandatory and binding not directory on them but due to ignorance and prodding by opposite side lawyers to make arrest for all silly reasons. The fear of arrest is pervasive and must be resisted by all.
There is a direction/order given by Justice Raja Elango of AP High COurt in one of the petitions warning the Magistrate in Karimnagar to not issue NBW's until chargesheet is filed in all criminal cases. It was commented that this is atrocious behavior of Magistrates and should be curtailed. It cannot be seen on net though. Don't know why. Transparency is lacking and one of the ways to deal is to fight for computerization of the courts. If we write letters to Chief Justices - maybe in 10 years it might be all computerized.
1> Roots in society and that you will comply with the investigation. Since it is a familial matter and that you are separated - there are chances of the wife filing a case on you.
2> Show the court that you will not abscond and are willing to put up a surety amounting to Rs 5000 or something like that.
3> Show the court that you have been threatened of false dowry harassment case on you and your entire family. AB will cost only Rs 12-20 as court fee. Your lawyer may charge you and is one of the main sources of income for many lawyers and advocates.
4> Mention in court if all else fails - that you be given atleast 7 days notice to comply with investigation and apply for regular bail at the minimum.
Read the recommendations of the law commission which were made in 2007.
Example: Petition under Section 438 of Crl. P.C. praying that in the circumstances stated in the grounds filed herein, the High Court may be pleased to direct the Station House Officer, XXX to release the petitioner on bail in the event of execution of Non Bailable Warrants issued against the petitioner in P.R.C.No. XX of 2008 on the file of Judicial Magistrate of First Class, Special Mobile Court, XXXX. See below information on using your AB to maximum use.
Regular Bail under U/s.437 and 439 Cr.P.C
See the link: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 nature and gravity or seriousness of accusation as apprehended by the applicant;
- 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;
- The likely object of the accusation to humiliate or malign the reputation of the applicant by having him so arrested; and
- The possibility of the appellant, if granted anticipatory bail, fleeing from justice
- Anticipatory Bail Order For An NRI:
- Click here for the steps to get AB
- SC 498A AB Judgment Explaining Some Misconceptions - 2003
- Advice On Getting Regular Bail
Zoya's ordeal started last Friday when her stepmother filed the complaint. The Khans were summoned to the police station. Zoya spend over ten hours there with her biological mother before anticipatory bail was granted to them.
Says Zoya's mother Reshma Khan: "My daughter is two months old. I have to breast feed her in every ten minutes. If I am not around who ill take care of her." The police says the complaint letter mentions everybody, including Zoya. In their FIR, obviously, a minor Zoya is not an accused.