Extention of bail due date
Dr.Vikas K.Chaturvedi
(Querist) 20 December 2013
This query is : Resolved
I have requested one anticipatory bail on civil matter which is accepted and order to take bail within 15 days with Rs 10000 and two sureties each.
my question:
I am at the age of 65 year and doctor advice me not to move from bed (strict restriction to be on bed due to my artheritis problem till one month).
my bail date is going to end by 2/1/14. what should I do.
my laywer insisting me to appear in the cout at any how. but i want to rquest to court to grant me 15 days more time so that I can move easily on my feet as per the doctors advice.
I need your opinion?
T. Kalaiselvan, Advocate
(Expert) 21 December 2013
After the period granted for execution is lapsed, the bail will remain cancelled, hence to apply for bail afresh.
Devajyoti Barman
(Expert) 21 December 2013
After the recent supreme court decision taking of regular bail from lower court is not necessary within a time frame even if directed in the order of anticipatory bail. SO in other words your father can go to lower court at any point of time.
It is surprising how the court gave time frame ignoring the directive of supreme court.
Rajendra K Goyal
(Expert) 21 December 2013
Well advised by Expert Devajyoti Barman ji.
T. Kalaiselvan, Advocate
(Expert) 21 December 2013
The supreme court has not granted bail. Only a sessions court has granted an anticipatory bail and the time limit for surrendering before the concerned lower court and getting the bail executed is 15 days time, by which the petitioner should surrender himself along with the sufficient solvency as directed by the court and on lapse of the said limitation the bail order automatically stands cancelled, only a fresh bail will solve the problem.
Devajyoti Barman
(Expert) 22 December 2013
The supreme court has pass the directive in respect of anticipatory bail passed by all competent courts and it is valid for all courts.
Because of this no sessions or high Court in WB gives such time frame for taking regular bail.
