rahul abhyankar (propietor) 14 October 2012
HI,
I WOULD LIKE TO KNOW THE PROCEDURE FOR THE AB IF A COMPLAINT IS LODGED IN ONE DISTRICT AND THE ACCUSED IS AT ANOTHER DISTRICT OF THE SAME STATE. I HEAR THE IF A COMPAINT IS FILED AT A POLICE STATION FOR A NON-BAILABLE CRIME LIKE IPC420 THEN THE AB APPLICATION SHOIULD BE FILLED AT RESPECTIVE DISTRICT COURT UNDER WHICH THE SAID POLICE STATION IS LOCATED. PLEASE GUIDE ME. IS IT COORECT OR THE ACCUSED CAN TAKE AB FROM HIS DISTICT COURT WHERE HE HAS BEEN RESIDING?
Adv.R.P.Chugh (Advocate/Legal Consultant (rpchughadvocatesupremecourt@hotmail.com)) 14 October 2012
Normally it has to be filed with the sessions court within whose jurisdiction the crime took place/ or the crime was registered. However courts even outside the state where crime is registered are competent to grant AB if the accused faces apprehension of arrest there. This is known as transit bail. See my previous posts on this.
A.V.Pattanashetti (Advocate) 15 October 2012
Yes, no prolems to file AB before the Court within whos jurisdiction offences are registered or before the Court whithin whos jurisdiction the petitioner is residing
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