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Mani123456 (Engineer)     21 October 2009

anticipatory bail procedure?

Hi,

 Kindly let me know the anticipatory bail process for 498a cases. I have gone to police station with anticipatory bail order from the court and signed in the registers there. There my lawyer gave me surprise by arranging a person who give surity by just showing property documents and submitting xerox.he charged 3000 Rs extra.

  Now my lawyer says he will apply for the regular bail in court and I will need again a person who can provide me surity by showing his property document. My sister have original sale deed and tax paid receipts but she does not have Khata. Will she be able to provide me surity?

 

My lawyer has charged me 31000 Rs for anticipatory bail and regular bail process. Is he okay? For another surity he will charge 3000 Rs again, if my sister is not able to give me surity.

Regards

Mani



 10 Replies

smartadvocate (Lawyer)     22 October 2009

Dear Mani,

                    According to me your lawyer totally ignored the nobel character of this profession. Anyway the meaning of Anticipatory Bail is  To assure the court that If in any case,  police want me or my presence when and where needed, I surily be awailable for the. If police arrested me than i have to lose moral values in society. And the fee he charged is tooo much regarding the surity, Law Requires a adult person who have property in his name by way of his affidavit that if the accused person voilates the terms of bail than I promise to make him available before the court otherwise my property or valueable thing have to be confiscated by the court.

so, I advise you to change your lawyer as soon as possible.. Thanks

  

KASI NAGESWARA RAO (ADVOCATE)     23 October 2009

 once if you take anticipatory you need not go for regular bail again

Adinath@Avinash Patil (advocate)     23 October 2009

DEAR MANI,

IN MY OPINION YOUR LAWYER IS IGNORING PROFESSIONAL ETHICS, I HAVE CITED SOME RULING IN THIS FOURM PLEASE GO THROUGH  SAID RULINGS. I HAVE ALSO EXPAINED ADVOCATES/LAWYERS  DUTY  TO WARDS SOCIETY IN THIS FORUM YOU GO THROUGH IT. YOU GET YOUR ANSWER.

REGARDING FEES AND COSTS IT DEPENDS UPON SERIOUSNESS OF OFFENCE.

2 Like

Ashok Yadav (Lawyer)     22 December 2009

Mr. Mani,

               As you told you have paid 3000 for the surity, i want to ask whom told your lawyer to arrange a surity, definitely it was you who ask him to arrange the surity, but it was not ur lawyer who charged Rs. 3000, it was the surity person who charged that amount. Now after getting release on Anticipatory bail u r thinking that your lawyer has robbed you.

It was totally your fault if u dont have any surity u ask to ur lawyer to arrange it and if he arrange it than you complaint about him that he has robbed you.

My Ld. Friends who r saying that your lawyer has no ethics, told them, that it was you who ask your lawyer to arrange surity, and u r expecting it again at the time of regular bail, you will have to obtain regular bail order, and also you will have to arrange surity for that. (you r trying to take advantage of ur own wrong)

And my Ld. friends we should think about the mentality of the client who is approaching the advocate, we should not start to prove ourselves as the best and others have no ethics.

It seems now a days that the clients are using this website to inquire about the fees for a specific case (fees in every cases depends upon every individual advocate, no one can say about it, if the client is not agree with him or cant pay the fee as demanded by the lawyer he should go for another lawyer and should not ask wht is the fees for this case) and clients are also commenting bad about the lawyers in this forum, we should neglect and discourage them, and should not start favour them.

Peace Maker (Manager)     01 April 2010

 Hi

I applied for AB for a false IPC 420 case and got AB with condition, 25000 deposit, 2 surities and 6 lakhs surity documents. The property in my mom name is in bank for loan and i have no one to give property. My lawyer initially told me that there wont any problem like this, now he is telling that if he need to arrange property then he need 30000 rs. Earlier he said he will apply for modification and reduce the value of property or change the condition. Please advice is it possible to change condition on AB or now shall i change advocate?

 

Thanks

Ravi

Devajyoti Barman (Advocate)     01 April 2010

In the context of financial constraint I would advise you to file a petition before the court which granted the aniticipatory bail for relaxation of the condition by decresing the amount or by waiving the same altogether. If allowed then you need not be arrange for money as suggested.

nibedita ghosh (operational head)     17 August 2010

Dear Sir /s,

I need your guidance related to anticipatory bail. I have lost one lorry and from various sources we have got a confirmed news that my driver's father has stolen the said vehicle.

Now my driver's father ( the main suspect) is missing (hiding) for last 15days. Furthermore, he has also applied for Anticipatory bail. My question is, since I know that my driver's father is the main suspect, even if he gets the anticipatory bail, how I can I have him arrested and recover my lorry ?

My second question is that can I file a case against him ? If yes, how ?

I request all of you to guide me in this respect whatsoever so that I can recover my lost vehicle.

Regards

NibeditaGhosh

 

 

  

ramakrishnan (DS)     14 September 2010

Hi, In the educational trust, registered, wherein the some of the office bearers  or trustee filed a cheating case against one another trustee, for misappriation of fund and trust deed spelts that , the general body shall decide the  issues or misunderstanding in trust matters.

I want to know whether filing of petition before the police is against a person spirit of trust deed. whether police can take cogizance of an offence before the general body decides

jassi (student)     10 November 2012

sir i wnt to knw is there any court fee or any other fee of anticepatory bail in lower court kkd

Rahul Kapoor (Legal Enthusiast)     12 November 2012

hello,

ya there is court fees.

but getting AB depends on your lawyer.

 

regards-

rahul.gogreen@gmail.com


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