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mxaxis2@gmail.com   08 April 2019

Anticipatory Bail Vs Police station bail

Hi Experts,

Can someone please suggest the difference between anticipatory bail and police station bail in case of sec 498A

appreciate your response


Learning

 5 Replies

TGK REDDI   08 April 2019

Station bail is given after arrest. Anticipatory bail is given before, and to prevent, arrest. Only can a Sessions Court and a HIgh Court grant anticipatory bail.

mxaxis2@gmail.com   09 April 2019

Thanks Sir. One clarification. In terms of validity is station bail and anticipatory bail both are same.

mxaxis2@gmail.com   09 April 2019

Thanks Om Prakash Sir for your quick response. In AP, police were telling that they can grant the police station bail for case registered under sec 498A. If that is the case, can I go-ahead and take the police station bail? if yes, then the police bail can stop arresting till court proceedings?

mxaxis2@gmail.com   09 April 2019

Thanks Om Prakash Sir. Any Idea on the expiry of police station bail like till the case gone to court or till the charge sheet filed by police etc

{Balu manikantan} SUBRAMANYAM (Practising Advocate)     13 April 2019

In 498A cases as per the latest judgement of Supreme Court after over ruling the judgement of Rajesh Sharma and others v. State of U.P. and another according to the judgement in Social Action Forum for Manav Adhikar and another VERSUS Union of India Ministry of Law and Justice and others no arrest shall be done unless the FIR discloses offences involving tangible physical injuries or death. In all other cases the police shall serve the notice on the accused u/s 41A CrPC and the accused are bound to cooperate with the police after the receipt of the said notice. Also i suggest No bail from court is required for the offence of 498A.

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