Is it necessary to have regular bail (498a)?
Human
(Querist) 27 December 2011
This query is : Resolved
Dear Experts,
I have been got the order reading, "The ad-interim anticipatory bail granted earlier is confirmed".
Now, the Chargesheet has been filed by the police.
Do I need to apply for the regular bail?
As such there is NO Time limit mentioned on the AB order while the Interim Bail granted earlier was valid till the date of hearing of AB.
Please advise.
If there is no MANDATORY need to apply for the regular bail, isn't the AB confirmed valid till the decision of the case?
DEFENSE ADVOCATE.-firmaction@g
(Expert) 27 December 2011
Well the recent SC decison says it should be valid till end of trial but some courts may ask for fresh bail , it will be a formality only.
V R SHROFF
(Expert) 27 December 2011
Carry on formality, if Court Direct you,
Otherwise you have to proceed to defend for few years, and get acquittal.
M.Sheik Mohammed Ali
(Expert) 27 December 2011
no need for fresh bail apply,
Mr.JSDN could you provide the Sc case law. it will use for me and mr.human also.
DEFENSE ADVOCATE.-firmaction@g
(Expert) 27 December 2011
It is famous MEHTRE CASE related to a politician of Maharashtra charged with murder and SC directed AB.
Pl find attached.
prabhakar singh
(Expert) 27 December 2011
Yes!JSDN is right; it is very famous case.
Nadeem Qureshi
(Expert) 27 December 2011
Dear Human I also agree with ld. frineds
Human
(Querist) 27 December 2011
Thanks a lot Experts for responses and links.
So does that mean that post chargesheet whenever I appear in the court, if the Hon'ble Judge asks me about Bail, I can submit the AB copy along with this SC Judgement?
But then another query is that my Interim Bail order has PB & SB required which was not asked to submit while my AB got confirmed.
So then, how and when do I need to submit those sureties? Or if I dont need to submit any sureties at all?
Devajyoti Barman
(Expert) 27 December 2011
Yes that is right but it is better to apply for regular bail unless the same has not been done already.
Shonee Kapoor
(Expert) 27 December 2011
You would be required to fill bail bonds in the trial court even if you are admitted on AB.
Some lawyers try to charge you for the same, which is merely a formality.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
Human
(Querist) 28 December 2011
Thanks a lot Shoneeji and thanks a lot to all other experts too!!
A. A. JOSE
(Expert) 28 December 2011
There is no scope for a different view than expressed by Shri. Shonee Kapoor ji.
Human
(Querist) 28 December 2011
Thanks a lot Shoneeji and Thanks a lot to all the experts.
Putting the Status to "Resolved" as it actually is :-)
