anticipatory bail

umapandya (Querist) 26 August 2008 This query is : Resolved
charge section 420,467,468,471,120(B) of IPC

A trial is going on under above mentioned charges in a lower court.The accused is already graned bail by a session court.A decision of the case is expected to come with in one month.CAN accused person go to high court for anticipatory bail.what is the procedure?

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ANAND SUMAN (Expert) 26 August 2008
Dear Umapandya,

Anticipatory bail is given when the accused has a reasonalble apprehension of arrest. But when trial begins, there is hardly any difference between a bail & Anticipatory bail.

In the present case, when an order of the Hon'ble court is likely to arrive within one month(the accused who has already granted bail) cannot apply for the anticipatory bail.

We welcome further query from your side.

Regards,

ANAND SUMAN
Advocate, Consultant & Trade Mark Attorney
(Founder Director)
ANAND LEGAL SOLUTION
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Srinivas.B.S.S.T (Expert) 26 August 2008
Sir as the trial is already commenced and the judgment is expected in one month or so the question of anticipatory bail doesnot arise as opined by my friend. If you are talking about in the even of court sentencing the Accused, in such event if the imprisonment is not more than three years you can file a petition under section 389 (3) of Cr.P.C before the trial court to suspend the sentence expressing your intention to prefer an appeal against the judgment of the trial court. Generally the sentence will be suspended upto 30 days.