Abhi (owner) 30 January 2016

Pending anticipatory bail

Dear Sir,

I want to know incase of AB after hearing the arguments from police and public prosecutor which concluded on a positive note still there is a delay in the bail order by Judge. Judge is postponing the bail orders and giving dates. First of all what could be the possibilities that judge keeps on delayig the orders for AB?

Becasue if there is a delay and police arressts someone in the mean time then there is no point requesting for AB then the accussed has to go for regular bail.

What is the process for this could you please throw somelight!! Please guide..

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7 Replies

Advocate Rohit (Advocate) 30 January 2016

During the pendancy of AB police cannot arrest you as the court must have given the interim order directing the concerned police station not to make arrest, subject to the concrned applicant co-operating in the investigation of the police.

Regards

Adv. Rohit M. Dalmia

9324538481

Mumbai

Abhi (owner) 30 January 2016

OK..... thanks a lot... i didnt know that... and lawyer is like dont worry...no need to worry..thanks a ton for the reponse..

Abhi (owner) 30 January 2016

OK..... thanks a lot... i didnt know that... and lawyer is like dont worry...no need to worry..thanks a ton for the reponse..

Abhi (owner) 30 January 2016

Dear Rohit sir, thanks for your advise i would like to understand the process flow of getting AB. 1st step lawyer took was applying for the bail and handing over the notice to the SHO regarding applying for AB and cooperation. Secondly date was fixed in the court and arguments were made infront of IO and PP. Third step was execution of bail orders... which are still pending from the judge. Is this order the interim order which u mentioned. Kindly let me know...please advise.

Augustine Chatterjee,New Delhi (Advocate & Solicitor at Law) 31 January 2016

I disagree with the above mentioned posts. Unless the order passed by the sessions judge clearly reflects that you are protected from arrested during the intervening period, there is no stay on the arrest. Check the order properly. If not online, ask your lawyer to have a certified copy applied.

Abhi (owner) 31 January 2016

So this means the person who has applied for AB is now stuck up and is totally dependent on judge's mercy.

Abhi (owner) 08 February 2016

Dear Sir, Its been 15days that my anticipatory bail is pending from Session Judge. He is keeping it pending without any reason. Even my lawyer has given him directions from high court to decide till 9th of November and still judge has postponed application for 10th. What to do in such situation? Dont we have any provision from high court to intervene. Things are getting on nerves. Judge is neither dismissing my application for nor giving bail orders. Kindly advise...