Concealment of offence
Navi
(Querist) 23 February 2013
This query is : Resolved
Sir
8 Accused were charged of 420,380,120B,465,467,468,471 IPC in the FIR
3 Accused applied for bail under 420,380,120B,465,467,471 IPC and got anticipatory bail...leaving offence 468 IPC
Then these 3 accused applied for quashing of FIR in High Court under offences 420,380,120B only. They took proceedings stay.
Then we replied in High court and High Court gave a judgement that petitioners have not been able to clarify that they intended to conceal the offences. Hence No quashing of FIR
Now 2 more accused applied for anticipatory only under 420,380,120B,465,467,471 IPC and got interim Anticipatory bail. Even now they have missed the offence of 468 IPC
So I have a question Can Police Arrest these people under 468 IPC for which they dont have bail?
But police officers are scared that session has granted bail under rest of offences.
So Isnt it concealment with the Session Court?
Please advice what could we do..
Kiran Kumar
(Expert) 23 February 2013
Their can be a different situation also.
May be their lawyer missed to mention it in the application. But could will grant interim relief only after perusing the actual FIR.
Navi
(Querist) 23 February 2013
SIR
MISSED HOW MANY TIMES - 4 TIMES IN 6 MONTHS. THEIR ADVOCATES APOLOGISED IN HIGH COURT ON 11-02-2013 FOR MISSING OFFENCE AND THEN NEW BAIL APPLICATION ON 14-02-2013 AGAIN OFFENCE MISSING IN SESSION COURT
Advocate Ramesh
(Expert) 25 February 2013
How would you know their advocates apologised in high court. But in general based on FIR, only they will give anticipatory bail. I don't know why they not included that section. As mention by you if one section is omitted. Surely police can have a right to arrest the accused u/sec 468
