Bail Advocate in indore
If you are looking for the best bail lawyer in Indore then you are at the right place. We have a very good bail lawyer team in Indore for the high court and district courts in Madhya pradesh.
Bail is regarded as a mechanism whereby the state, central and other government departments impose upon the community the function of securing the presence of the prisoners and at the same time involves supporting of the community in the administration of justice. The bail emerges from the conflict between the police and government officer power to restrict the liberty of a man who is alleged to have committed a crime and presumption of innocence in favour of the person accused of an offence.
Anticipatory Bail: Any Person who apprehends arrest under a non bailable offence in India can apply for anticipatory bail under the provisions of section 438 of the Criminal Procedure 1973.
A highlight of the Anticipatory Bail Section 438 is to be interpreted in the light of Article 21 of the Constitution of India. Filling of FIR is not a condition precedent to exercise of power of affect the right of police to conduct investigation.
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Regular Bail: regular bail of The code of Criminal Procedure under the section 436 in bailable offence and as to bail in case of non-bailable offence, is the laid down in section 437 of the code. This section gives discretionary power to the court (other than High Court and Session court). Section 439 gives special powers to the High Court and Court of Session regarding Bail. Section 436,437 and 439 provide for the release on bail of an accused person.
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Interim Bail: Sections 437 and 439 holding that in the power to grant bail is inherent the power to order interim bail, which means the court hearing a plea for regular bail has inherent power to order interim bail, pending final disposal of the bail application.
The judicial principles laid-down by the courts may be changed by the courts also. As far as the meaning and definition of bail is concerned it has not been statutorily defined. Consequently, it continues to be understood as a right for assurance of freedom against state imposed restrains of security of appearance of a person for his release. Any type of bail is generally a matter of judiciary discretion.
