Anticipatory Bail

Nishant Singla (Querist) 27 October 2008 This query is : Resolved
A ORDER UNDER 156(3) OF crpc FOR THE OFFENCE UNDER 406,420,467,468,471 HAS BEEN PASSED BY THE JUDGE AGAINST MY FATHER.. IN REALTY MOST OF THE ALLEGATION ARE FALSE AS PER RECORD. NOW I WANT TO FILE APPLICATION FOR THE ANTICIPATORY BAIL. CAN I SUCCEED

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deepak kumar (Expert) 27 October 2008
question seems to be duplicated.

ARVIND JAIN (Expert) 27 October 2008
move the application.its for court to decide- bail or jail!

Aniruddha.P.Pawse (Expert) 27 October 2008
Yes you can

Adv.Shine Thomas (Expert) 28 October 2008
Sec.438 of CrPC lays down that any person if he has reason to believe that he may be arrested on an accusation of having committed a non-bailable offence,may apply to the High Court or Court of Session for grand of bail.On such application,the court may if it thinks fit grant him anticipatory bail.The Law Commission observes that the necessity for granting anticipatory bail arise mainly because in sometimes influential person implicate their rivals in false cases for the purpose of disgracing them or for other purposes like sending him in jail.

G. ARAVINTHAN (Expert) 18 November 2008
You can file Anticipatory bail and succeed. But after that you have to file an application to quash the FIR

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