after anticipatory bail
pranay
(Querist) 15 October 2009
This query is : Resolved
hello experts...
pls advice me .In connection of a fake case u/s 420 of ipc. my father got anticipatory bail on 8th oct by h'ble high court of chhatisgarh. Now pls tell me when to move for quashing under section 482 , can it be done only after charge sheet is filed and trial starts or before that . Also we are planning to seek regular bail any time after 28th of this month. Pls give me the sequence of steps to be taken.
pranay
(Querist) 15 October 2009
validity of AB is two months
adv. rajeev ( rajoo )
(Expert) 15 October 2009
While granting the bail court might have imposed a time limit to apply for the regular bail.
this anticipatory bail is in anticipation of the arrest. In case of atrrest you have show the order of the court, or you surrender before the police and show the order they will immediately release taking the bond from your father.
Only after filing the chargesheet your father will receive the summons from the court they your father will have to apply for the regular bail and u can move to the high court to quash the FIR.
Sachin Bhatia
(Expert) 15 October 2009
When your father will receive the summons from the court then your father will have to apply for the regular bail and furnish the surety bonds. Yes you can go for quashing under section 482 after charge sheet filed.
pranay
(Querist) 15 October 2009
now after getting anticipatory bail can there be a problem in regular bail. I mean the can police in nexus with complainant create a new story to make things diff in bail.How to avoid such situation and turn AB into firm bail.
Raj Kumar Makkad
(Expert) 15 October 2009
Opinion of Rajeev is perfect and I agree with the same.
Vinod Singh Tomar
(Expert) 16 October 2009
Rejection /grant of regular bail always depends upon the merits / grounds of the case. What case will be made out and / or what points will be raised by the prosexution will be replied during the stage of the arguments. Making of different story will be considered as after thought development/ improvemnt in the case. However, you can approach to Sessions court/ high court for quashing of complaint after filing of charge sheet only U/S 482 of Cr. P.C.
