Practice Areas/ Anticipatory Bail — Nagpur Sessions Court & Bombay HC

Anticipatory Bail — Nagpur Sessions Court & Bombay HC

Pre-arrest bail applications under BNSS s.482 (formerly CrPC s.438), filed before the Court of Sessions at Nagpur and the Bombay High Court, Nagpur Bench, in connection with non-bailable offences where the apprehension of arrest is reasonable.

Controlling Statutes

BNSS (Bharatiya Nagarik Suraksha Sanhita, 2023) s.482 (formerly CrPC s.438)

Our Process

  1. Intake; threshold review of the apprehension of arrest, antecedents, and risk-of-flight factors.
  2. Pre-arrest representation under BNSS s.35(3) where notice has issued and not been complied with.
  3. Drafting under the Sushila Aggarwal framework, with Sibbia Constitution Bench principles.
  4. Filing before the Sessions Court, with a Bombay High Court (Nagpur Bench) skeleton kept in parallel.
  5. Compliance with conditions on grant; surety arranged in advance.

Doctrinal Anchors (Key Judgments)

  • Sushila Aggarwal v. State (NCT of Delhi) ((2020) 5 SCC 1)
  • Gurbaksh Singh Sibbia v. State of Punjab ((1980) 2 SCC 565)

Courts & Jurisdiction

  • Court of the Sessions Judge, Nagpur
  • Bombay High Court, Nagpur Bench

Connected Reading

Considering a brief?

Send a brief note about the FIR or complaint and the grounds for apprehension of arrest. For matters where arrest is imminent, please mark the note urgent.

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