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 Amit Kumar Ojha

Advocate Amit Kumar Ojha

Anticipatory Bail, Property, Recovery, Insurance, Divorce, Documentation, Criminal, Customs & Central Excise, Corporate

Get Advice
Advocate Deepesh Dangi

Advocate Deepesh Dangi

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

Get Advice
Advocate Kathappan A

Advocate Kathappan A

Anticipatory Bail, Cheque Bounce, Civil, Consumer Court, Court Marriage, Criminal, Divorce, Family, High Court, Insurance, Motor Accident, Domestic Violence, Cyber Crime, Documentation, Banking & Finance, Labour & Service

Get Advice
Advocate Amit Sinha

Advocate Amit Sinha

Anticipatory Bail, Cheque Bounce, Criminal, Divorce, Family

Get Advice
Advocate Selgin B

Advocate Selgin B

High Court, GST, Anticipatory Bail, Civil, Arbitration, Armed Forces Tribunal, Banking & Finance, Corporate, Divorce, Cyber Crime, Family, Landlord & Tenant, R.T.I, Recovery, Trademark & Copyright, Tax, Motor Accident, Cheque Bounce, Bankruptcy & Insolvency, Consumer Court, Insurance, Property, Wills Trusts, Breach of Contract

Get Advice
Advocate Mahesh Kumar

Advocate Mahesh Kumar

Anticipatory Bail,Arbitration,Cheque Bounce,Civil,Consumer Court,Court Marriage,Criminal,Divorce,GST,Domestic Violence,Family,High Court,Insurance,Landlord & Tenant,R.T.I,Recovery,Succession Certificate,Tax,Trademark & Copyright,Revenue

Get Advice
Advocate Sudarshan Choudhary

Advocate Sudarshan Choudhary

Civil, Consumer Court, Corporate, Court Marriage, Customs & Central Excise, Divorce, GST, Labour & Service, Media and Entertainment, NCLT, Patent, Property, Startup, Succession Certificate, Tax, Trademark & Copyright, Criminal, Family, Domestic Violence, Documentation, High Court, Landlord & Tenant, Motor Accident, Wills Trusts, Supreme Court, Anticipatory Bail, Arbitration, Breach of Contract, Cheque Bounce, Child Custody

Get Advice
Advocate Wajahat Md Furquan

Advocate Wajahat Md Furquan

Anticipatory Bail, Breach of Contract, Cheque Bounce, Child Custody, Civil, Criminal, Cyber Crime, Divorce, Documentation, Domestic Violence, Family, Landlord & Tenant, Medical Negligence, Motor Accident, Muslim Law, Recovery, Succession Certificate, Wills Trusts

Get Advice
Advocate Karpagam Nithiyanantham

Advocate Karpagam Nithiyanantham

Anticipatory Bail, Breach of Contract, Criminal, Cyber Crime, Divorce, Domestic Violence, Family, High Court, Landlord & Tenant, Labour & Service, Cheque Bounce, Child Custody, Court Marriage, Civil, Documentation, Medical Negligence, R.T.I, Succession Certificate, Wills Trusts

Get Advice
Advocate Avnish Kumar Upadhyay

Advocate Avnish Kumar Upadhyay

Anticipatory Bail, Cheque Bounce, Arbitration, Court Marriage, Cyber Crime, Criminal, Domestic Violence, High Court, Civil

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.