Upgrad LLM

Anticipatory bail

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Querist : Anonymous (Querist)
15 August 2011

In a annual general meeting of a housing society quarrel occured between member and a president.The notice of the general meeting had not sent to three members,at the time of meeting one of three member asked about notice,the quarrel started between president and the said member,the member fired with his pistol but president has not injured.
After the incident president lodged complaint against three members.The remaining two members were no consult with firing,they also din't no that other member having a pistol.Only to harrass themselves the president of the society lodged complaint.
There are civil dispute going between president and three members,taking this grudge in mind he lodged complaint.
Now question arise that,the two members who have no concern with fire can released with order of anticipatory bail?
If any relevant ruling is available please suggest.

adv. rajeev ( rajoo )Online (Expert)
15 August 2011

If there is no allegation against those two persons then they will get the bail

Guest (Expert)
15 August 2011

I assume that The case may be registered u/s 307 r/w 120 B of IPC. There is no overt act by the two other members. So the judge will order bail based upon the conditions. apply to high court for immediate relief.

M/s. Y-not legal services (Expert)
15 August 2011

Yes. Not only the other two member. The main accused who used pistol, he also can get anti' bail before high court..

Raj Kumar MakkadOnline (Expert)
16 August 2011

I do agree with Ganesan.

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