Law4u - Made in India

Can anticipatory bail be granted in cases of corruption?

22-Aug-2023
Anticipatory Bail

Answer By law4u team

The availability of anticipatory bail in cases of corruption varies depending on the jurisdiction and the laws of the specific country or region. Corruption is a serious offense that undermines public trust and can have far-reaching consequences. As a result, the granting of anticipatory bail in corruption cases might be subject to stricter criteria and considerations. In many jurisdictions, the decision to grant anticipatory bail in cases of corruption is influenced by factors such as: Nature of Offense: The seriousness and nature of the corruption allegations play a significant role. Corruption charges often involve abuse of public office, financial embezzlement, bribery, and other forms of dishonest or unethical behavior. Strength of Evidence: The court will assess the strength of the evidence against the accused. If the evidence is strong and indicates a clear case of corruption, the court might be less inclined to grant anticipatory bail. Flight Risk: The likelihood that the accused might flee the country to avoid facing charges is a consideration. High-profile corruption cases might involve individuals with the means to leave the jurisdiction. Preservation of Evidence: If there is a concern that the accused might tamper with evidence or influence witnesses, the court might be hesitant to grant anticipatory bail. Public Interest: Courts often take into account the public interest in combating corruption and ensuring that justice is served. Cooperation with Investigation: If the accused is actively cooperating with the investigation, it might positively impact the court's decision. Criminal History: The accused's prior criminal history, if any, could influence the decision. Potential Impact: Courts might consider the potential impact of granting anticipatory bail on ongoing investigations or the overall process of uncovering corruption. Due to the complexities and sensitivities associated with corruption cases, individuals facing potential arrest or legal action for corruption should seek legal advice from a qualified attorney who specializes in criminal law. The legal procedures, laws, and practices related to anticipatory bail in corruption cases can vary significantly from one jurisdiction to another. A legal professional can provide guidance based on the specific laws and regulations of the relevant jurisdiction.

Answer By Anik

Dear Client, Yes, anticipatory bail is available in corruption cases but courts take extreme care while granting it. Offences related to corruption are tried under the Prevention of Corruption Act, 1988 (as amended in 2018). Though the Act does not have an explicit exclusion from anticipatory bail (in contrast to UAPA), the gravity of offences under it tends to prompt courts to vet applications more rigorously. The Supreme Court in State of Gujarat v. Mohanlal Jitamalji Porwal, (1987) commented on how corruption is a sly virus that infects institutions and has to be tackled firmly. Nonetheless, anticipatory bail is not categorically forbidden. Courts take into account: The accused's role. Whether custodial interrogation is needed. The character of the evidence and the stage of investigation. Risk of tampering or flight. Therefore, even though anticipatory bail is legally available in corruption cases, its grant is discretionary and would depend upon facts and seriousness of the case. I hope this answer helps. In case of future queries, please feel free to contact us. Thank you.

Anticipatory Bail Verified Advocates

Get expert legal advice instantly.

Advocate Kavan M Patel

Advocate Kavan M Patel

Anticipatory Bail,Divorce,Criminal,Cheque Bounce,Court Marriage,

Get Advice
Advocate Jangkhogin Haokip

Advocate Jangkhogin Haokip

Motor Accident, Domestic Violence, Family, Civil, Criminal, Anticipatory Bail, Armed Forces Tribunal, Banking & Finance, Child Custody, Recovery

Get Advice
Advocate Sabnam Khatun

Advocate Sabnam Khatun

Anticipatory Bail, Child Custody, Consumer Court, Court Marriage, Criminal, Cyber Crime, Divorce, Documentation, Family, Motor Accident, Muslim Law, R.T.I, Recovery, Wills Trusts, Domestic Violence, Landlord & Tenant, Property, Succession Certificate

Get Advice
Advocate Azharuddin Khandakar

Advocate Azharuddin Khandakar

Tax, Trademark & Copyright, High Court, Anticipatory Bail, Cheque Bounce, Civil, Consumer Court, Criminal, GST, Labour & Service, Landlord & Tenant, Motor Accident, Muslim Law, Recovery, RERA, Supreme Court

Get Advice
Advocate Ashutosh Ranjan

Advocate Ashutosh Ranjan

Motor Accident, High Court, Criminal, Breach of Contract, Anticipatory Bail

Get Advice
Advocate Gokuldas

Advocate Gokuldas

Anticipatory Bail, Arbitration, Cheque Bounce, Breach of Contract, Banking & Finance, Civil, Criminal, Customs & Central Excise, Cyber Crime, Divorce, GST, Domestic Violence, Family, Landlord & Tenant, Medical Negligence, Motor Accident, Recovery, Succession Certificate, Wills Trusts

Get Advice
Advocate Shashank Shekhar Dubey

Advocate Shashank Shekhar Dubey

Anticipatory Bail,Banking & Finance,Breach of Contract,Cheque Bounce,Child Custody,Civil,Consumer Court,Corporate,Court Marriage,Criminal,Cyber Crime,Divorce,Documentation,Domestic Violence,Family,High Court,Insurance,International Law,Labour & Service,Landlord & Tenant,Motor Accident,Property,R.T.I,Recovery,RERA,Succession Certificate,Wills Trusts,

Get Advice
Advocate Abdul Gofur Barbhuiya

Advocate Abdul Gofur Barbhuiya

Anticipatory Bail,Cheque Bounce,Domestic Violence,Family,Motor Accident,

Get Advice
Advocate Mahesh Chandra

Advocate Mahesh Chandra

Anticipatory Bail, Breach of Contract, Cheque Bounce, Civil, Consumer Court, Court Marriage, Criminal, Cyber Crime, Divorce, Domestic Violence, Family, Labour & Service, Motor Accident, Property, R.T.I

Get Advice
Advocate Saleem Ahmed

Advocate Saleem Ahmed

Criminal, Court Marriage, Recovery, Anticipatory Bail, Cheque Bounce, Consumer Court

Get Advice

Anticipatory Bail Related Questions

Discover clear and detailed answers to common questions about Breach of Contract. Learn about procedures and more in straightforward language.