Author of “A HUMANE ATTITUDE REQUIRED IN DEALING WITH CUSTODY/BAIL OF AN ACCUSED”

Tell us about yourself ?

Well !! firstly I would like to express my high gratitude towards La Senatus Scriptors for honouring me and providing me with an opportunity to enclose a brief description about my legal journey. My name is Harshita Bhatt I have completed my B.A. LL. B(HON) from Amity Law school -II, Amity University Noida, U.P in 2019 and presently, working as a legal associate in Delhi based Law firm, apart from this I am also working with Non-govt NGos with an objective to spread legal awareness towards gender sensitization in economy.

What motivated you to write about “A Humane Attitude Required in Dealing with Custody of an Accused”?

While Practicing legal advocacy I have meticulously examined the case files of an accused which compel me to wrote the research paper titled “A Humane Attitude Required in Dealing with Custody of an Accused”. Now, it is a demand of the time that the judges should adopt a liberal interpretation while granting bail to an Accused ponder upon the presumption of Innocence-a legal principle that one is considered “Innocent until proven guilty”. Sometimes the court try to evade from applying this principle just for the sake of protecting the interests of the Complainant completely overlooking the right of the Accused which in consequence results in causing severe hardship.

What is Anticipatory Bail?

The word “anticipatory” itself denotes anticipation of getting arrested by the police upon suspicion of commission of a cognizable-non-bailable offence. If any person is apprehended of getting arrested may apply for the bail before pre- arrest, to HC or Court of session who may grant bail to the accused by executing a bond with or without securities. This provision of Anticipatory bail is inserted through clause 447 of the draft bill of 1970 was enacted with some modifications and later became section 438 of Cr.pc, 1973. This provision was for the first time widely interpreted by a 5 Judge SC Bench in 1980 in case of Gurbaksh Singh Sibbia Vs state of Punjab.

    

      

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