Anticipatory bail in sessions court or high court in these circumstances?
SANJAY JOSHI
(Querist) 23 August 2011
This query is : Resolved
dear sir
8 govt. employees - suspected in an offence of forgery, criminal misappropriation, criminal breach of trust and embezzlement of govt. money - are anticipating their arrest anytime by police. Now, they want to apply for Anticipatory Bail.
A PIL is also under hearing in High Court to decide as to whether investigation in this case should remain with the police or should be handed over to CBI?
The offence is triable by Sessions.
Question -
1 - Should the Anticipatory Bail application be filed in Sessions or High Court in light of the fact that PIL related to this case is subjudice in High Court?
2- One of the seniormost of the accused feels that he will let other 7 to try for Anti. Bail while he will not file along with them. That he will see if the 7 get A.bail or not. If the 7 get bail, then he plans to file "HIS" bail application on the next day.
But if Anti.Bail to 7 is rejected then he can remain absconding for a few days; and he then plans to file A. Bail only after all 7 are granted regular bail from regular court i.e. Sessions. By this excercise, he feels that he would be able to best evade arrest and the subsequent police custody of him. Sir, could you please enlighten if this arrangement is beneficial legally?
3) If he remains absent or underground, will the police (armed with an arrest warrant) also affix the notice of arrest on his residential premises?
prabhakar singh
(Expert) 24 August 2011
Expert : Devajyoti Barman is right.
SANJAY JOSHI
(Querist) 24 August 2011
thanx Devjyoti ji and Shri Prabhakar Singh ji.
however i wud have wanted to know why highcourt and not Sessions. My argument is that the PIL in the High Court is only about deciding the issue of whether to transfer investigation to CBI or not. PIL is not about appeal trial or any regular trial. So i feel, PIL is a separate matter and CAN NOT construed to hold that the 'Case is subjudice in High Court. Therefore, there shudnt be any problem of losing if Anti bail application is to be filed in Sessions rather than High Court.
