Adv tushar srivastava and associatesregarded as one of the leading law firms for Bail Lawyers and Anticipatory Bail lawyers criminal cases and having best Bail Lawyers and Anticipatory Bail lawyers in Ahmedabad, representing in all Session & District courts of Ahmedabad, Gujarat along with this also serving as Bail Lawyers and Anticipatory Bail Lawyers at Gujarat High Court & Supreme Court of India.The purpose of bail is to ensure the appearance of the accused before the court whenever required but in certain cases, granting bail is not required.
The basic rules of grant or denial of bail may simply be summarized as:
There are only two kinds of offences bailable and non bailable offences
In case of bailable offences section 436 CRPC it is the right of the accused to demand and be granted bail.
The certain basic criteria while exercising his judicial discretion for grant or denial of bail in case of non bailable offences has been laid down in section 437 CrPc in the cases related to non-bailable offences. Some of these criteria include the nature of offence, past criminal records and probability of guilt.
Section 438 CRPC deals with anticipatory bail in cases where there is an apprehension to arrest.
There are other factors also which are to be kept in mind by the hon’ble court before granting of bail like the possibility of threatening a witness, possibility of evidence being tampered etc.
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