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pranay (si engineer)     27 October 2009

validity in anticipatory bail

dear experts... pls tell me what does validity in anticipatory bail means. Suppose a court granting anticipatory bail for two months, does it mean that person can't be arrested during those two months or something else. Suppose a person goes to surrender infront of police and police denies but after expiry they are again set to arrest.


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 7 Replies

Suchitra. S (Advocate)     27 October 2009

Prany ji,  It is only for the period specified , that a person cannot be arrested by the police. After expiry of the preriod, they can arrest.

2 Like

pranay (si engineer)     27 October 2009

it means police can play the game?Then what's the use of anticipatory bail dear suchitra...

vishalkumar (practising Advocate)     27 October 2009

 first of all, an Anticipatory Bail comes into action only after arrest. i mean once if u have an AB and a police officer arrests you in the same case, for which you have procured the AB, then he has a power to arrest you but immediately on producing the AB before that officer, the officer is bound to release you or else it is a contempt of court issuing AB

 

- regards,

Adv. Vishalkumar Kothari

9867628399

9819090180

Mumbai

 

2 Like

Suchitra. S (Advocate)     28 October 2009

I agree with Mr. Vishal Kumar. I meant one can avoid custody by having an AB at hand. And Pranay, AB is usually given for a limited time period. After its lapse, the case is handled by the court as per investigation made or chargesheet submitted.

1 Like

Suchitra. S (Advocate)     28 October 2009

1 Like

Anish goyal (Advocate)     28 October 2009

Pranay sir the real object of AB is to save a person 4m arrest in false cases and to give him time to get regular bail. In case if AB order is 4 just two months then the proper procedure is to surrender before magistrate to ask 4 regular bail.

sunilzoin in (engr)     19 January 2012

What is the period of aniticpatory bail in case of 474 ? is there any standard format for it? How do es one decide which court the bail application is to be filed? If the case is of a Police Station, is it necessary to file before a court having jurisdiction over that area? or is it to be filed in court near place of normal residence?

Once arrested and released on Bail, is it required to file another regular  bail application?


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