annticipatory bail

Querist : Anonymous (Querist) 20 January 2011 This query is : Resolved
Sir,
After obtaining the anticipatory bail, before whom should the accused surrender to obtain a regular bail? the court or before the I.O.Is it correct to lay a condition in the anticipatory bail that the accused shall get a formal arrest before the I.O within 15days from the date of receipt of the order. Kindly advise,sir

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Amit Minocha (Expert) 20 January 2011
yes it is a correct condition. 15 days time is given to seek regular bail infact. If chargesheet has been presented one has to appear before the Court of MM seeking regular bail.

Advocate. Arunagiri (Expert) 20 January 2011
You please produce the AB order. We can give a clear opinion.

Devajyoti Barman (Expert) 20 January 2011
It is court of the Maistrate where the case is pending where the accused person needs to surrender. The IO has nothing to do with bail when the same relates to a non bailable offence.

SANJAY GUPTA (Expert) 21 January 2011
yes sure you have to surrender before the magistrate's court and submit a surrender copy before the i.o informing the grant of your bail by the ld. magistrate.

Querist : Anonymous (Querist) 21 January 2011
Thank you all so much for your precious reply to my querry

Querist : Anonymous (Querist) 21 January 2011
An FIR u/s.420 was filed in Feb 2010, the accused are on bail and the I.O till date hasn't filed charge sheet. please advise me on what is the time limit to file charge sheet for an offense of cheating u/s.420,will a discharge petition filed before the trial court at this juncture entertained or that a petition to quash such an FIR be filed before the High court on non filing of charge sheet.

Querist : Anonymous (Querist) 21 January 2011
May I be provided with the case law to absolve the accused from the offense of cheating where a complaint has been filed after the disputed amount has been repaid

Querist : Anonymous (Querist) 21 January 2011
An assessee u/r. the Income tax Act had received two refunds for a single assessment year filing two returns of income at two different IT offices and has repaid both after the same was brought to notice. Mean while, he died. The Income tax officer has lodged complaint to the PSI making A1-person who had helped him file the returns and A2-A1's father who is a tax consultant and who is in no way related to these cases. A3 has been involved without any prior notice or inquiry with an intention to harass. Kindly advise.

Querist : Anonymous (Querist) 21 January 2011
There was an error..There is no A3, it should be A2

Querist : Anonymous (Querist) 21 January 2011
The conditions laid down in the anticipatory bail order
1) the accused shall get a formal arrest within 15 days from the date of receipt of the order
2) the accused shall obtain a regular bail within four weeks from the date of receipt of the order
time limit of four weeks and 15 days for formal arrest! what is the logic behind..can any one kindly explain

Querist : Anonymous (Querist) 02 February 2011
Dear Mr.Amit,
Do you mean that one has to apply for regular bail only if charge sheet is filed and that it need not be applied for if charge sheet not filed

Querist : Anonymous (Querist) 09 February 2011
The IO is threatening that he would send a report to the court that the accused has not co-operated in the investigation. will the bail(AB or Regular) be canceled by the court on such a report of the IO
Regards

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