#"Family Advocate in Delhi

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What is Anticipatory Bail

WHAT IS ANTICIPATORY BAIL

BAIL The word Bail is not defined in Code of criminal procedure but it has to be understood as a concept. In a general sense bail means release of a person from custody of police and his delivery to the sureties who undertake to produce him in court upon appointed day. So, basically that means the temporary release of an accused person awaiting trial. WHEN WE CAN APPLY FOR ANTICIPATORY BAIL? Under section 438 of Cr.P.C, when any person has reason to believe that he may be arrested on an accusation of having committed a non-bailable offence, the he may apply for the anticipatory bail. So basically it means bail before the arrest. A person can not apply for anticipatory bail after his or her arrest, and then he would to go for regular bail.

WHICH COURT HAS POWER TO GRANT A ANTICIPATORY BAIL?

If we read the section 438(1) of Cr.P.C then it clearly states any person has reason to believe that he may be arrested on an accusation of having committed a non- bailable offence, he may apply to the : 1. High Court of the state 2. or the Court of Session for a direction under this section. That means both the high court as well as the court of session has power or rather we can say has concurrent jurisdiction to hear the application of anticipatory bail.

WHAT FACTORS SHOULD BE CONSIDERED WHILE GRANTING ANTICIPATORY BAIL? 1. The nature and gravity of accusation. 2. The antecedents of the accused person (which means previous background). 3. The chances of accused of fleeing away from the hands of justice, 4. The availability of accused for facing the trial or of joining investigation.

That the Hon’ble Supreme Court has laid down following factors and parameters which should be taken into consideration while dealing with the application of anticipatory bail: 1) The nature and gravity of the accusation and exact role of the accused must be properly comprehended before the arrest. 2) The antecedents of the applicant including the fact as to whether the accused has previously undergone imprisonment on conviction by a court in respect of a cognizable offence. 3) The possibility of the accused to flee from justice. 4) The possibility of the accused’s likelihood to repeat similar or other offences. 5) Where the accusations have been made only with the object of injuring or humiliating the applicant by arresting him or her. 6) Impact of grant of anticipatory bail particularly in cases of large magnitude affecting a very large number of people. 7) Very careful evaluation of the entire available material against the accused. 8) Clear comprehension of the exact role of the accused in the case. 9) Consideration with greater care and caution of the material when the accused are implicated with others in the case based on common intention and common object under the Indian Penal Code 1860 s. 34 and s 149 respectively (because over-implication in the cases is a matter of common knowledge and concern 10) While considering the prayer of anticipatory bail a balance has to be struck between two factors namely, no prejudice should be caused to the free, fair and full investigation and there should be prevention of harassment, humiliation and unjustified detention of the accused. 11) Reasonable apprehension of tampering of the witness or apprehension of threat to the complainant. 12) Frivolity and genuineness of the prosecution should always be considered.

These are some factors which should be taken into consideration while deciding the application for anticipatory bail. These factors are not exhaustive but they are only illustrative in nature because it is difficult to clearly visualize all situation and circumstances in which a person may pray for anticipatory bail.

HOW ARTICLE 21 OF CONSTITUTION APPLIES TO BAIL MATTERS? So the law is very settled on bail matters as the Supreme Court has laid down the basic fundamental principle that is “bail rather than jail” or “bail is a rule jail is an exception” because refuse to give Bail is against the Fundamental right. The Article 21 the Constitution provides us the right to life and liberty. Such right guarantees everyone who is in the territory of India, life with all the freedom to enjoy one’s life and liberty.

CAN WE APPLY FOR ANTICIPATORY BAIL BEFORE F.I.R OR CAN WE GET ANTICIPATORY BAIL WITHOUT F.I.R?

Yes, we can move an application for anticipatory before F.I.R as the very first lines of section 438 clearly states “When any person has reason to believe that he may be arrested on an accusation of having committed a non- bailable offence”. So the registering of First information Report is not a condition precedent to exercise of power u/s 438, all you need to prove is that you have reasonable apprehension that you may get arrested by the police officials in non bailable offence.

WHAT IS NOTICE BAIL UNDER SECTION 438 OF Cr.P.C?

Notice bail means the court directs the police officials to give you notice before he arrest you. Suppose you have applied for an anticipatory bail and the investigation officer filed his status report where he filed that no arrest permission is sought till yet then in that case the court directs the police officials to give you notice before arresting you. In that spam of notice period you can apply for anticipatory bail.

ANTICIPATORY BAIL IN 498-A

The Supreme Court itself has said that the section 498A and 406 of Indian penal code are widely misused and for no reason the husband and his family members are prosecuted and jailed. Thus now it is becoming a legal terrorism The bail in matrimonial matters is easy but may come with strict imposition of condition. Thus anticipatory bail is cases 498a, 406 is granted easily these days but with conditions and the conditions differs case to case depending on the facts of the case.

WHAT IS 41-A Cr.P.C NOTICE? : WHO ISSUES THIS NOTICE? : WHAT IS THE PURPOSE OF THIS NOTICE?

41-A notice is notice of appearance before the investigation officer when there is a reasonable complaint against the accused person. The investigation officer issues this notice to the person against whom a reasonable complaint is registered. The purpose of issuing this notice is that the investigation to reach the right conclusion.

For further inquiry mail me at Info@thematrimoniallawyers.com

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Benefits of Hiring a Best Family Lawyer in Delhi

After a long day of work, many people go back to their families for the comfort, advice, support, and, mainly, love that is offered. There is a family that you are born into and then there is a family by law, that you build later in your life. In both cases, a ‘home-sweet-home’ is what people look for. But unfortunately, it is not always the case. Many families have issues; some might be solved through working on them and some cannot. Sometimes families break up and the legal connotations of it have to be dealt with. Sometimes new families are formed which require legal assistance. 

Preeti Singh & Associates (Divorce Lawyer in Delhi) is a family advocate in Delhi you can go to for family law consultation and benefit massively as they have a team of specialized family lawyers that advise and provide legal services for Divorce (The Indian Divorce Act 1869) and other family matters like marriage registration, guardianship, child custody, adoption, paternity, emancipation, dowry, etc. 

Why Should You Hire a Family Lawyer?

Family law cases are amongst the highly emotional ones, especially in matters of divorce and child custody. Having a lawyer would provide you with the legal & emotional support required to go through with the course of the case including hearings. 

If your case proceedings are to be held in the Supreme Court of India, hiring a family lawyer in Delhi is the best and the most beneficial option as the lawyers based in Delhi would have a more functioning knowledge and experience of the court. 

Even in the simplest of matters and cases, it is beneficial to hire a family lawyer as things can go sideways at any time. For example, you might expect the divorce to settle easily but unexpected financial or custodial demands from the other party might arise as they please; hence, it is advisable to have an expert in these matters that will help you with your next move. 

Having a legal professional by your side ensures that you are not being conned by the other party. Hiring a family advocate in Delhi will make sure that you are up-to-date about your rights and the kind of legal actions you can take against them in accordance with the case. The in-depth study & research of a lawyer is incomparable to a loving family member wanting to help you out.

Hiring Preeti Singh & Associates (Divorce Lawyer in Delhi) has a huge advantage as their team of family lawyers, that has worked on an array of family and matrimonial matters, including Marriage Dissolution Lawyers, Child Custody Lawyers, Divorce Lawyers, Domestic Violence Advocates, Dowry Lawyers and more. Get in touch with a highly reputed and experienced family lawyer in Delhi for the best chances! 

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In this daily life people have no patience; their reaction comes out as an outrage in the family. A small family dispute leads to the criminal mind that ends with a severe criminal act. Looking at today’s scenario a family lawyer is a must to appoint. Family law is that zone of law that handles all family matters along with domestic relations. It could be a divorce, maintenance claims, child custody, dowry, domestic violence, child abuse etc.

We assist with the experienced and well knowledgeable family lawyer in Delhi. We believe in providing the best lawyer to our clients so that their problems can be resolved with tranquility.

The changing social life scenarios are bringing a drastic change in the daily life of everyone, few leading to multiple family issues. We believe in happy, healthy and tension free life and to lead such life it’s mandatory to resolve all the family conflicts as soon as possible. We let you enjoy the privilege of our decade experienced family lawyers in Delhi in helping you to solve your issues.

India is a country of diverse culture where different people with different religion exist. Talking about divorce, every religion has a different law of divorce. We assist you with the apt lawyer which can get all the legal formalities done for you with the utmost simplicity.   

For example, under Muslim personal laws, we offer those lawyers to our clients who hold considerable knowledge of Muslim laws and deals with these matters with uttermost integrity.  

We are the firm that claims to have an expertise in providing the best family lawyer in Delhi suiting your case at its best. We believe in safeguarding a high level of client service and client satisfaction through our experienced professionals. We not only believe but ensure that we remain a stalwart supporter of our client.  We allocate such family lawyers in Delhi who are unique and provide the world class services to our valuable clients.

Below are some acts that we have listed that you all must know:

Hindu minority and Guardianship Act, 1956 for child custody petition

Section 125 of Cr.P.C , 1973 for maintenance demand from husband towards his wife, children and parents.

Section 24 of Hindu Marriage act, 1955 for interim maintenance to the wife.Dowry prohibition act, 1961

Domestic Violence act, 2005 for filling complain for women’s protection

Section 497 of the Indian Penal Code for adultery complain.  

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