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.
Dr. Ashok Dhamija is a New Delhi based Supreme Court Advocate and author of law books. Read more about him by clicking here. List of his Forum Replies. List of his other articles. List of his Quora Answers. List of his YouTube Videos.
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