Bail by magistrate when accused has been given police-bail

Ajay Bansal (Querist) 25 January 2021 This query is : Resolved
In a matter of 354 IPC, the accused was arrested by SHO/IO and released on Police-Bail. Now charge-sheet will be submitted in court in next week, and accused is directed by SHO/IO to appear in court at the time of filing of charge-sheet by him.

My query is weather I should apply for anticipatory bail of my client to prevent the apprehension of sending him in Jail by the Magistrate or I should direct apply for his bail before the Court of the Magistrate at the time of his appearance with SHO/IO in the Court at the time of filing of the charge-sheet.

Weather the Magistrate would grant him bail without sending him in Jail?

Please guide with citations.

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Quick Summary

If your client has been arrested and released on police bail under Section 354 IPC, and a charge sheet is due soon, you have a decision to make. You can either apply for anticipatory bail to prevent potential jail time, or wait to appear in court with the investigating officer and apply for bail then. The general advice leans towards filing for anticipatory bail if there's a genuine fear of arrest, as this offers more security. Attending court dates promptly with legal representation is crucial regardless.

SHIRISH PAWAR, 7738990900 (Expert) 25 January 2021
Hello,

As per my opinion file anticipatory bail as you have an apprehension of the arrest.

Guest (Expert) 25 January 2021
When the Police had granted you the Bail and you have already obtained Anticipatory Bail also Only your Presence in the Concerned Court on Hearing Dates would be the Legal Mandatory. Only if you absent your self the Bail would be Cancelled other wise Nothing to Worry. Better have Your Advocate with you when you present your self in the Concerned Court. and Present your self Promptly on Hearing Dates and Dont Miss it.

Rajendra K Goyal (Expert) 31 January 2021
Agree with the advice from expert SHIRISH PAWAR.

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