Anticipatory Bail
Querist :
Anonymous
(Querist) 28 April 2011
This query is : Resolved
Can one apply for AB from any state Megistrate or one should apply from the state where he is living??
Querist :
Anonymous
(Querist) 28 April 2011
m staying in gurgaon. so can i apply it from delhi?
R.Ramachandran
(Expert) 28 April 2011
Dear Anonymous,
You know that Gurgaon falls under Haryana and not under Delhi.
Then why do you ask such a query whether you can apply for AB in Delhi, while you stay in Gurgaon?
Kiran Kumar
(Expert) 28 April 2011
AB is not sold like a commodity and even if you apply for it, the court will not grant the same necessarily.
pls mention what exactly are the facts of the case....and why u need the concession of AB?
AB application is not maintainable in Magistrate's court.
it has to be either the Sessions Court or higher courts.
Advocate. Arunagiri
(Expert) 28 April 2011
Please post your query if you need the AB, along with more details.
Nu.Delhi.Law.Fora.
(Expert) 28 April 2011
Per Sec.438(1) CrPC, an application for anticipatory bail can be made to the High Court or Court of Sessions. However, normally it is to be presumed that the court of session would be first approached for the grant of anticipatory bail unless an adequate case is made out for approaching the High Court directly. As bails are against arrest and detention, an appropriate court within whose jurisdiction the arrest takes place or is apprehended or is contemplate will also have jurisdiction to grant bail to the person concerned. Therefore,the High Court or the Court of Session having jurisdiction over the place where the arrest is apprehended by the applicant has jurisdiction to entertain application for anticipatory bail even though the F.I.R. might have been registered at a place within the jurisdiction of another High Court or Court o Session.
The opinion express by the Supreme Court in some cases seems to favour the view that the question of granting anticipatory bail to any person who allegedly concerned with the offence must for all practical purposes considered by the courts within whose territorial jurisdiction offence could have been perpetrated.
However, specific advice may only be given if relevant facts are brought forth in the discussion forum.
Guest
(Expert) 29 April 2011
Necessarily, territorial jurisdiction aplies for AB.
Sarvesh Kumar Sharma Advocate
(Expert) 28 April 2011
