Difference between Bail and anticipatory Bail
5 differences between Bail and Anticipatory Bail may briefly be stated as follows: —
(1) Provisions relating to bail are contained in Sections 436 and 437, Cr. P.C. whereas Section 438 deals with anticipatory bail.
(2) The provisions relating to bail were contained in the old Code of Criminal Procedure, 1898 also but there was no provision for grants of anticipatory bail in the old Cr. P. C. Therefore it is relatively a new concept incorporated in the Code of Criminal Procedure, 1973.
(3) Any Judicial Magistrate or Court may grant a bail but only the High Court or Sessions Court may grant anticipatory bail.
(4) Bail is a post arrest legal process, that is, it is granted only after arrest of the…show more content… In recent times, with the accentuation of political rivalry, this tendency is showing signs of steady increase. Apart from false cases, where there are reasonable grounds for holding that a person accused of an offence is not likely to abscond, or otherwise misuse his liberty while on bail, there seems no justification to require him first to submit to custody, remain in prison for some days and then apply for bail.” .
The Law Commission recommended the acceptance of the suggestion
The Law Commission in its 48th Report in July 1972 commented on the aforesaid clause saying “in order to ensure that the provision is not put to abuse at the instance of the unscrupulous petitioners, the final order should be made only after notice to the Public Prosecutor. The initial order should only be an interim order”.
Reading of Section 438 of the Code undeniably shows that the intention of the legislature was to recognize the importance of personal liberty and freedom in a free and democratic