Exclusive HOLI Discounts!
Get Courses and Combos at Upto 50% OFF!
Upgrad
LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Raman (student)     02 August 2012

Procedure after getting anticipatory bail

 

Dear sir,
 My cousin's sister in law has filed FIR under section 498-A/406/506/323 aginst him nad other family members and arrest warrant has been issued gainst them and they applied for A.B
The Hon'ble judge has granted anticipatory bail to them
 
What procedure they should have to follow after receiving the certify copy of order?
 
Whether technically they will be "arrested" by I.O and then released on bail?
 
Whether such arrest will cause impedement to the family member career prospects those who are in Govt or want to apply for Govt Jobs?


Learning

 3 Replies

Adv.R.P.Chugh (Advocate/Legal Consultant (rpchughadvocatesupremecourt@hotmail.com))     02 August 2012

An Anticipatory bail for all practical purposes converts a non bailable offence into a bailable one, it is not an immunity from arrest but from detention and custody. The IO would arrest your cousin and then release them on bail, this as said by Ld.Ashish Ji won't have an adverse effect, as nothing less than 48 hours custody amounts to suspension from service. The pendency of the case though would be impediments to promotionl. If the case is false and frivolous - then contemplate discharge or quash for getting out scot free.

Hari Mehar (Proprietor)     03 August 2012

There would be two types of orders in Anticipatory bails. In some cases, the  accused will be directed to surrender before police within a stipulated time and get bail. Pusuant to such order the accused is to present with sufficinet suerities before the concerned SHO who will record arrest and release. In the other cases, the court will give order that the accused shall be released on bail in the event of arrest. In such cases the accused need not go to police station unless they request to come to Police station. In these cases, they show the arrest and release the accused on sufficient suerities. Of course there may be other types of conditions will be made by judge basing on the case. In some cases the court may direct the accused to surrender before the concerned magistrate and get bail.

Hari Mehar, Advocate,


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register