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LEGAL (Lawyer)     07 June 2011

Anticipatory Bail PLZ reply Urgent

We have applied for Anticipatory bail under Sec 420 IPC and Court granted Order that Notice of 72 Hours be given in case of arrest and to join investigation with police when needed.

 

Police has given statement in Court that they have not done any investigation against us and no record to produce.

 

My question is that if Police register FIR in Case and what are our options. Can we get relief again from Court or we have to surrender before police for arrest.



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 4 Replies

Bidhan Dave (Advocate)     08 June 2011

I understand that the court had granted your anticipatory bail. If that is so, you need not to ask for anticipatory bail again. Normaly the anticipatory bail order is granted for 90 days. If police arrest you within 90 days, they have to release you on bail & thereafter you need to ask for regular bail from concerned trial court. If police fails to arrest you within 90 days & you still have appehance of arrest, in that case you can once against approach the session court & renew your anticipatory bail.

If FIR is filled against you & police wants to arrest you within 90 days of anticipatory bail, you required to surrender before the police but police has to release you on bail as per the direction of court.

The police may approach the trial court for your remand to complete investigation & the court may grant depending upon the fact of the case.

LEGAL (Lawyer)     08 June 2011

I dont think this is a form of bail because Court Ordered to give 2 days notice in case of need for arrest and join Investigation when called.
 

Saurabh..V (Law Consultant)     08 June 2011

@LEGAL

 

You are correct. It is not a bail and not even anticipatory bail order. It is only discretionary form of power which is supported by inherent powers of the High Court. If the police want to arrest you, then they'll have to give a notice. Upon receipt of such notice you would be required to again approach the court of Sessions with application for Anticipatory Bail.

 

//peace

/Saurabh.V

Saurabh..V (Law Consultant)     09 June 2011

@Zeeshan

 

FYI - Report of "Mediation" is strictly confidential. The report prepared is only in two forms:

- Mediation Successful

- Mediation Failed.

 

Reasons are not detailed in any mediation report as per "Arbitration Act".

 

//peace

/Saurabh.V


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