I had filed an application for grant of anticipatory bail in sessions court. It has been rejected. My lawyer is asking me to file another anticipatory bail application in high court. My question is what happens if the anticipatory bail application is rejected? If I do not file another application for anticipatory bail in the high court, what can happen?
Firstly, let me point out that the Sessions Court and the High Court, both have concurrent powers in the matter of grant of anticipatory bail. If the Sessions Court has rejected your application for anticipatory bail, you have the option of approaching the High Court for grant of anticipatory bail. But, it is your call whether or not you should approach the High Court with an application for anticipatory bail.
Secondly, grant of anticipatory bail means that in the event of arrest, the person concerned shall be released on bail, in terms of the anticipatory bail order. So, it implies that if your application for anticipatory bail has been rejected, then in the event of your arrest you may be produced before the court where you’ll have to apply for regular bail under Section 437 or 439 of the Cr.P.C., and in such situation you may also be remanded to police custody or jail custody by rejecting your application (if any) for regular bail.
So, anticipatory bail is a protection against custody in the event of arrest.
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