Criminal Cases

The Code of Criminal Procedure, 1973 ("Cr.P.C.") has a provision, which confers on the Court of Sessions & the High Court the power to grant anticipatory bail. The Petitioner can move the Sessions Court/ High Court if he has a `reason to believe' that he may be arrested on accusation of having committed a non-bailable offence. The Section 438 of the Cr.P.C. envisages the provisions for Anticipatory Bail.

Where a FIR has been lodged elsewhere, i.e., outside the territorial jurisdiction of a Court, the Court is duty bound to consider whether the applicant is a regular or bona fide resident of a place within its jurisdiction. The Court has to record its satisfaction that there is no camouflage or façade to evade the process of Law.

Grant of anticipatory bail under Section 438 Cr.P.C. is however a matter of a judicial discretion.

Criminal Cases at Nitesh Mehra & Associates

The firm has extensive experience in representing clients' criminal matters at various Courts in Delhi, including Supreme Court of India, High Courts and District Courts. The Criminal Disputes Team at Nitesh Mehra & Associates have dedicated Criminal Bail & Trial Lawyers for handling matters seated in India. The emphasis is on providing innovative and, at the same time, efficient legal solution to protecting the interests of the Clients. Section 437 of the Cr.P.C. provides Bail before the Metropolitan Magistrate, Section 438--Anticipatory Bail and Section 439- Bail from Court of Session or High Court. The dedicated team of lawyers work day and night to prepare the defenses and cross-examinations in criminal cases.

The office practices in the following areas of Criminal Litigation:

• Corporate Frauds, Insider Trading and Market Manipulation;
• White Collar Crimes / Economic Offences;
• Department of Company Affairs - Serious Frauds Investigation office;
• Bank / Financial Institutions Frauds;
• Misappropriation and Siphoning of Funds;
• Quashing of FIRs/ Bails/ Trial;
• Criminal Complaints;
• Criminal Writs / Revisions / Appeals;
• Defamation Cases;
• Prevention of Money Laundering Act;
• Prevention of Corruption Act;
• Violation of Intellectual Property Rights / Cyber Laws;
• FEMA / COFEPOSA/ SAFEMA;
• Narcotics and Drugs Violation.