ANTICIPATORY BAIL
Any person who apperehends that he shall be arrested for non-bailable offence, can approach the session Court or the High Court, to direct that in event of such arrest , be released on bail. Court can impose conditions such as to appear before police, as and when required for investigation, not to leave the country, not to induce or threaten any concerned person etc.
But the Anticipatory bail granted cannot be for a limited period, it must continue till the conclusion of the criminal investigation or the proceedings. Court cannot limit upto filing of charge sheet or direct the accused to Surrender before the trial court and obtain regular bail. Such practice is wholly illegal.
But it is also subject to the General Clauses Act, 1897, which empowers the court which grants the bail to cancel it. The grant of bail is an interim order. The Court can always review its decision according to the subsequent facts, circumstances and new material.
The exercise of grant, refusal and cancellation of Bail can be undertaken by the court either at the instance of the Accused or a public prosecutor or a complainant on finding fresh material and new circumstances at any point of time. Even the Appellant’s reluctance in not fully cooperating with the
investigation could be a ground for cancellation of bail.
============================================
Maintenance of Wife, Children and Parents under section 125 of Code of Criminal Procedure
1. If any person having means neglects or refuses to maintain his (i) wife (unable to maintain herself), (ii) his minor child legitimate or illegitimate (whether married or not), or (iii) a major child who is unable to maintain itself due to physical or mental abnormality or injury, (iv) his father or mother (unable to maintain themselves) can claim maintenance, by filing an application under section 125 of Code of Criminal Procedure.
2. Magistrate of the first class may upon proof of such neglect or refusal order such person to make a monthly allowance for the maintenance of the wife, or such child, father or mother at such monthly rate as such magistrate thinks fit and to pay the same to such persons as the magistrate may from time to time direct.
3. The father of a minor female married child can be directed to pay maintenance until she attains majority, if her husband is not possessed of sufficient means.
4. During the pendency of the case court can direct payment of reasonable interim maintenance, which can be disposed of within 60 days after service of court notice.
5. A divorced wife also entitled to claim maintenance if she is not re-married.
6. Divorce does not end the right to maintenance.
7. When the wife lives separately can claim maintenance:-
(a) When the husband is impotent
(b) When the husband performed sterilization before marriage is treated as an
act of cruelty.
(c) When husband indulges in second marriage or took a mistress or has extra- marital affair.
(d) When the husband ill-treats the wife and guilty of cruelty or harassment.
8. When a wife cannot claim maintenance:-
a. Living in adultery
b. If without any sufficient reason, she refuses to live with her husband
c. If they are living separately by mutual consent
9. When children can claim maintenance:
a. When a child is a minor and unable to maintain itself, whether married or not
b. Evan a major child can claim maintenance, where such child is, by reason of any, physical / mental abnormality or injury is unable to maintain itself.
c. Even if the mother is guilty of adultery and is disentitled to get maintenance, the maintenance of such children living with such mother cannot be refused
d. Minor children of the divorced Muslim women are also entitled to claim maintenance under sec.125.
10. When parents can claim maintenance:-
a. Any parent(s) unable to maintain himself or herself can get maintenance from their son or daughter having sufficient means.
b. An adult daughter is bound to maintain her parents.
c. Mother means real / natural mothers and does not include step-mother, but includes adopted mother.
11. Statutory Right of Maintenance cannot be defeated by agreement to the contrary.
12. Muslim divorced women are barred from claiming maintenance under section 125 of Code of Criminal Procedure.
13. Insolvent husband cannot refuse to maintain his wife or children.
14. If the order of maintenance is not complied sentence upto one month can be imposed.
NOTE: In addition to the above provision under section 125 of Code of Criminal Procedure following special laws are also available.
1. Hindu Marriage Act.
2. Hindu Adoption and Maintenance Act.
3. Muslim women (Protection of rights on Divorce) Act.
4. Indian Divorce Act.
5. Jammu and Kashmir Hindu Marriage Act.
6. Special Marriage Act.
7. Parsi Marriage and Divorce Act.
============================================
NON- BAILABLE OFFENCE
1 In the case of bailable offences police is bound to release the accused on bail at the police station itself.
2 In case of non-bailable offences police has got power to grant bail only if it reasonably appears that the accused named in the FIR may not be involved in the alleged offence. Such bail granted by the police shall be valid only until the completion of the investigation.
3. Bail granted by the police is to guarantee the appearance of the accused before the court.
4. When the accused is brought before the court, court may or may not grant bail in case of non-bailable offence.
5. If the accused is previously convicted of an offence punishable with death, life imprisonment or imprisonment of 7 years or more, bail cannot be granted.
6. Accused shall not be released on bail if there appear reasonable grounds for believing that he is punishable for an offence with death or imprisonment for life.
7. A person below the age of 16 and a woman may be granted bail by the court.
8. When court directs the accused/ surety to execute bail-bond for certain amount, no money is payable or required to be deposited in the court.
For instance, court directs the release of the accused on a personal bond of Rs.50,000; it means the accused has to execute a promissory note in favor of the court stating that if he fails to appear before the court then he shall become liable to pay Rs.50,000 to the court.
============================================