Cancellation of anticipatory bail
brs
(Querist) 18 March 2013
This query is : Resolved
i plan to file criminal case against a person for land garbing , but before my proceeding he smelled and got AB with influence.
I approached the local police station and ask to file FIR against him, but the IO simply saying that he was already in AB so i cant take your complaint and give FIR
What is the remedy for it and how to cancel his AB
Advocate M.Bhadra
(Expert) 18 March 2013
Anticipatory bail is a conditional order giving protection to the accused from detention in custody. It is contingent upon adherence to the conditions mentioned in the order. Anticipatory bail, once granted, can be cancelled only if the conditions mentioned in the order are not complied by the accused.
But it is difficult to prove that the accused have violated the conditions mentioned in the Anticipatory Bail order as the accused reserves the right to deny the offence alleged to have been committed by him.
However you can challenge in the High Court the AB order on the ground that considering the gravity of the offences AB should have been declined and be cancelled.
Devajyoti Barman
(Expert) 18 March 2013
There is no hindrance of registering FIR even if AB is granted.
Engage an advocate and file a petition before the Magistrate u/s 156(3) crpc for direction upon Police to register FIR.
AB can be cancelled u/s 439 crpc on violation of the condition of AB.
Sankaranarayanan
(Expert) 18 March 2013
no more details need. but u/s 439 the pettioner need to prove the violation.
prabhakar singh
(Expert) 18 March 2013
aNY GRANT OF ab Is nOT HINDRANCE IN LODGING FIR.COPS ARE FOOLING YOU.
Raj Kumar Makkad
(Expert) 18 March 2013
It is not understood, how that person got anticipatory bail if no case was filed before him?
If you had made a complaint to the police and FIR was lodged thereafter on your complaint in which he got his AB then the police station is bound to give you the copy of FIR. You may obtain it even from the court.
prabhakar singh
(Expert) 18 March 2013
UNFORTUNATELY"It is not understood, how that person got anticipatory bail if no case was filed before him?" IS A SENTENCE INCAPABLE OF CONVEYING ANY MEANING !!!!!!!!!!!!
Devajyoti Barman
(Expert) 18 March 2013
In many states AB can be granted even before registration of FIR.
Raj Kumar Makkad
(Expert) 19 March 2013
In the States of Punjab, Haryana, Himachal Pradesh, Delhi, Rajasthan, Gujarat, J & K etc. AB is not provided without having any FIR against the petitioner. In that case either the petition is dismissed or the blank instruction is passed to the police to provide a notice to the petitioner for a particular period before his formal arrest.
If some experts are unable to understand the meaning of legal provision, nothing can be done for them.
