Much improvements needed in the way anticipatory bail applications are heard in India. A Case

In anticipatory bail matters, if interim relief ex parte protection is not granted, litigant may have to remain absconding till finally his application is decided.

Many times in anticipatory bail application, court issues only notice to hear police. Side by side it does not grant order that in meantime the police should not arrest or if arrested should be released on bail.

So the litigant is left in lurch. He has to remain hidden somewhere where police cannot find him.

Sometimes in spite of the pendency of matter in High Court, police arrests the applicant, his anticipatory bail becomes meaningless.

Recently a advocate friend called me, his anticipatory application was pending. HC had issued notice returnable in January. Even then police arrested his client.

He went to trial court for regular bail, trial court said first you go to high court and withdraw your anticipatory bail and then only I can hear regular bail !

Imagine the frustration of client and his lawyer.


(C)Haresh Raichura - Lawyer in Supreme Court; On twitter @hareshraichura; Profile on LinkedIn