how to get anticipatory bail ?

All you need to know about Anticipatory Bail.

What ?
Anticipatory Bail as the name suggests is bail in anticipation of arrest. When a person apprehends arrest on an accusation he may apply to the court seeking directions to be released on bail forthwith at the time of arrest. Hence contrary to popular misconceptions it is immunity from custody and not immunity from arrest.

Why ?
The provision for Anticipatory Bail was introduced in 1973 first, as it was observed that influential people got their adversaries arrested accusing them of henious offences, when they clearly would stand exonerated of charges later. The eventual acquittals not enough to wash off the ignominy and agony attached to custodial
detention.

Who can grant ?
Higher courts such as court of sessions and high court.

When granted ?
Grant of anticipatory bail is discretion of the court and not a right of the accused. It is granted after taking into account a series of factors such as gravity of offence, antecedents of offender – character, likelihood of running away or tampering with evidences.

Is FIR a necessary pre-condition ?
NO It can be granted on a complaint or even a strong apprehension of arrest on accusation of a non bailable offence.

Whether anticipatory bail once granted continues till the end of trial ?
Yes as per latest Supreme Court rulings it should.

Whether the court can impose conditions while granting anticipatory bail ?
Yes reasonable conditions can be imposed, conditions broadly can be impounding of passport – asking accused to participate in the investigation, not to leave country etc.

Other notables :

1. Not granted normally in cases where custodial interrogation is required for eg : murder,rape etc. Or where there is a threat leaving the accused at large.

2. Most effective in cases such as false 498a, white collar crimes, crimes of private nature etc.

Criminal Law simplified !
By Advocate Bharat Chugh

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Joint Ventures simplified

What is a Joint Venture ?

A joint venture (JV) is an association of 2 or more individuals or business entities, who combine their financial resources, expertise, skills, knowledge and experience in the furtherance of a specific undertaking, so as to achieve a common goal.

Types of Joint Ventures

Equity JV and contractual JV are 2 fundamental types of JV. Under equity JV a separate legal entity is established by 2 or more parties, in accordance with the agreed terms and conditions. Normally, this legal entity is a limited liability company which is distinct from either of the parties. This company thus becomes the owner of the resources brought in by the parties. A contractual JV is an agreement entered into by the parties to achieve some goal, by bringing their resources together. It has legal characteristics of a partnership.

Drafting a Joint Venture Agreement

Drafting a JV agreement is a very meticulous task as it determines the rights and liabilities of either party.

Things to keep in mind while formulating a joint venture

Few important points to be kept in mind are:-

1. Requirements by each party should be clearly indicated.

2. All technical terms should be clearly defined.

3. Specify whether the product would be manufactured/ sold on exclusive/ non-exclusive basis.

4. All terms and conditions relating to technical know-how, disclosure of specifications, drawings, documents etc. should be specifically provided for.
5. Always include provisions regarding making available of engineers/ skilled workers, payment of their expenses.

6. Clause regarding quality of product to be manufactured.

7. Provisions relating to trademark and Quality check.

8. Clause on force majeure.

9. Clause relating to use of intellectual property rights.

10. Comprehensive clause on arbitration so as to clearly indicate the name/ kind of arbitrator and place of arbitration.

11. Provision for payments, their mode and interest in case of delayed payments.

Corporate Law Concepts simplified.

*the author Megha Sharma is a Delhi based Corporate Lawyer and can be reached at megha22.10@gmail.com

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Misuse of power of arrest by police.

No arrest should be made just because it is lawful for the police officer to do so….existence of power is one thing justification for its exercise quite another. So said the Hon’ble Supreme Court about two decades back in Joginder Kumar vs State – but this mandate has been observed more in its disregard by the police…. recent incidents (see 66A IT Act – facebook/twitter arrests) show how the otherwise indolent police turns an docile servant forever at the beck and call of the criminal – mighty – powerful – rich and politically connected. The police cannot even explain much less justify the recent arrests, and thousands of such arrests are made day in and day out across the country for ulterior motives and illegitimate gains.

Unless police in this country turns honest, objective and humane Рlaw, order and criminal justice would be in tatters Рfor how long shall the courts guard the guards. When the proverbial fence starts eating the crops. 

……..Musings on Criminal Justice – Advocate Bharat Chugh