Anticipatory bail

taylor (Querist) 29 February 2012 This query is : Resolved
if interim bail order r made then it is said notice shall b given to pub pros to hear him when application shall b finally heard by the COURT.presence of accused shall also b necessary before such COURT.
pls tell me to which court refrence is made above whether HC,COURT OF SESSION or MAGISTRATE taking cognizance.
thanks

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adv. rajeev ( rajoo ) (Expert) 01 March 2012
In case of anticipatory bail, accused presence is not necessary. In case of regular bail, some times in the absence of an accused it would be heard

Adv.R.P.Chugh (Expert) 01 March 2012
Though when interim bail is granted as per S.1A of S.438 CrPC - notice to PP becomes imperative/necessary however accused presence (at the of final disposal) is still not necessary until PP makes out a case for the same by making an application and showing reasons.

Sankaranarayanan (Expert) 01 March 2012
Yes I do agree with experts opinion. For regular bail the majestrate may ask the acust to appear before court u|s 205 crpc

Shonee Kapoor (Expert) 04 March 2012
I agree with the expert opinion, but court can ask for the presence of accused even in AB.

Regards,

Shonee Kapoor
harassed.by.498a@gmail.com

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