CBD Belapur, Navi Mumbai +91 91373 40133 advkiranmulik@gmail.com

Criminal Law

Legal assistance in criminal matters from investigation through trial and appeal — before Magistrate Courts, Sessions Courts, and the Bombay High Court.

Overview

The Counsel provides legal assistance in criminal matters at every stage — from police investigation and arrest through trial, judgment, and appeal. Adv. Kiran H. Mulik appears before Magistrate Courts, Sessions Courts, and the Bombay High Court in criminal matters across Navi Mumbai, Thane, and Mumbai.

Prompt legal representation in criminal matters is essential. Whether you have received a summons, apprehend arrest, have been arrested, or are facing trial, early consultation with an advocate helps protect your legal rights and ensures proper procedure is followed at every stage.

Services

Regular Bail Applications
Anticipatory Bail
Sessions Court Trial Representation
Bombay High Court — Criminal Appeals
Criminal Revision Petitions
NDPS Act Matters
POCSO Act Matters
MPID Act Matters
Cyber Offences — IT Act
Cheque Dishonour — S.138 NI Act
Forgery & Cheating Matters
Investigation Stage Advisory

Anticipatory Bail — Section 438 BNSS / CrPC

Anticipatory bail is a direction to release a person on bail in anticipation of arrest. A person who has reason to believe they may be arrested for a non-bailable offence can apply to the Sessions Court or High Court for anticipatory bail under Section 438 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) — formerly Section 438 of the Code of Criminal Procedure, 1973.

1

Application Filed

An application is filed at the Sessions Court (or High Court if required) with grounds explaining the apprehension of arrest and why bail should be granted.

2

Interim Protection

The court may grant interim anticipatory bail protection pending hearing of the application — preventing arrest in the interim period.

3

Notice to Prosecution

The Public Prosecutor and investigating officer are given an opportunity to respond to the application.

4

Hearing

Arguments are heard from both sides. The court examines the nature of the accusation, criminal antecedents (if any), and the possibility of the applicant fleeing or tampering with evidence.

5

Order Passed

The court either grants anticipatory bail with conditions (such as cooperating with investigation, not leaving jurisdiction) or rejects the application. An appeal lies before the High Court if rejected by the Sessions Court.

When to Consult

If you apprehend arrest or have received notice from the police, consult an advocate immediately. Time is critical in criminal matters — early advice ensures your rights are protected from the investigation stage itself.

Special Legislation

The firm handles matters under several special statutes that carry strict provisions and require careful legal strategy:

NDPS Act, 1985 — Narcotic Drugs & Psychotropic Substances
POCSO Act, 2012 — Protection of Children from Sexual Offences
MPID Act, 1999 — Maharashtra Protection of Interest of Depositors
IT Act, 2000 — Cyber Offences & Digital Fraud

Each of these statutes has specific procedural requirements, bail conditions, and sentencing provisions. Legal representation by an advocate familiar with these laws is essential from the earliest stage of investigation.

Applicable Legislation

  • Bharatiya Nyaya Sanhita, 2023 (BNS) / Indian Penal Code, 1860
  • Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) / CrPC, 1973
  • Narcotic Drugs and Psychotropic Substances Act, 1985
  • Protection of Children from Sexual Offences Act, 2012
  • Maharashtra Protection of Interest of Depositors Act, 1999
  • Information Technology Act, 2000
  • Negotiable Instruments Act, 1881 (Section 138)

Frequently Asked Questions

What is the difference between bail and anticipatory bail?
Regular bail is applied for after a person has been arrested and is in custody. Anticipatory bail is applied for before arrest — when a person apprehends that they may be arrested for a non-bailable offence. Anticipatory bail, if granted, operates as a direction to release the person on bail in the event of arrest.
Can bail be obtained in NDPS cases?
Bail in NDPS cases involving commercial quantities is governed by Section 37 of the NDPS Act, which places a high threshold — the court must be satisfied that there are reasonable grounds to believe the accused is not guilty and will not commit any offence while on bail. Bail is more readily available in cases involving small quantities. Legal representation is critical in NDPS matters.
What should a person do upon receiving a police summons?
Upon receiving a police summons or notice under Section 160 BNSS, consult an advocate before responding. You have the right to legal representation. An advocate can advise on your obligations, what to say and what not to say, and whether any protective measures (such as anticipatory bail) are advisable.
What is the process for a criminal appeal?
An appeal against conviction or sentence by a Magistrate Court lies to the Sessions Court. An appeal against conviction or sentence by a Sessions Court lies to the High Court. The appeal must be filed within the limitation period — 30 days for Sessions Court appeals and 90 days for High Court appeals (with provision for condonation of delay in appropriate cases).
Does the firm assist during the police investigation stage?
Yes. Legal assistance during investigation is important — an advocate can advise on your rights during questioning, accompany you to the police station (where permitted), advise on FIR registration, and take appropriate legal steps to protect your interests before any arrest or charge sheet is filed.