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ashoksrivastava (scientist)     14 September 2012


esteemed experts

my AB  is to be heard soon in a highcourt. my lawyer says that chances of getting ab are low judge may order to surrender in lowyercourt. kindly help me in 2 queries:

1)in case ab is rejected outright and I am arrested will I ave to get regular bail from high court or sessions court?

2)in case  judge orders to surrender in sessionscourt will the bail matter be argued again in sessions court or is it just a legal formality, and howmany days it normally takes to get bail after surrendering in sessions court?


 5 Replies

Adv.R.P.Chugh (Advocate/Legal Consultant (rpchughadvocatesupremecourt@hotmail.com))     14 September 2012

1. Have you tried asking why does your lawyer feel that there is a feeble chance of getting a bail from the High Court. Courts have been granting Anticipatory Bail pretty liberally for the past some time, in light of judgments such as Gurubaksh Singh Sibbia & S.S.Mhetre. 

2. The practice of granting AB and seeking the surrender of the accused is a wrong and legally untenable practice as per the Supreme Court decision in S.S.Mhetre. Any such decision can be challenged in the Supreme Court . 

3. Even if the Court asks you to surrender - normallyt such local/ilaqa magistrate has no discretion and is mandated to allow you bail provided you meet the conditions for eg : in a 498A/406 case - you return the articles - join the investigation. 


Good Luck !

Bharat Chugh

*Advocate Supreme Court of India

Shantibhushan (Advocate)     14 September 2012

1st - Whether FIR/complaint is filed against you ? 

2nd - If not - whether AB is filed on apprehension ?

3nd - What is the case about ?

sunderam s (ASM)     14 September 2012


FIR 498a is not mentioned anythings about the items of wife is lying in the husband's house and actually she has taken all the items at the time of lefting the house of husband. in such cases, court will say to refund the items whatever the wife is claiming falsely before the court and if husband has denied than Anticipatory bail will be rejected.

please suggest.

ashoksrivastava (scientist)     14 September 2012

bharatsir thanks a lot you have been helpful  so many times my lawyer says judge dealing with 438 case has rejected several bail applications recently.I have no articles to be returned. her long list of articles and jwellery is all false. its 15 years of marriage.

shantibhusan sir 498a/406 fir has been filed against me for which 438 petition has been filed in high court. thanks again to all experts. my query no 1) still remains unanswered

Sudhir Kumar, Advocate (Advocate)     23 February 2017

do you really think that advise will change by repeating facts on so many threads.

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