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Surendra Parmar   22 March 2021

Anticipatory bail under section 438 of crpc booked under 420 of IPC

My friend hve approach to session court to seek anticipatory bail ... My friend is innocent in this case of 420 Complainant hve made false allegations ... Now 2 dates hve gone in court and still the matter is on argument my point is can the court will grant him the bail .. my friend points and fact are strong ... suppose on trial of anticipatory bail police can arrest to my friend .. or police have to wait for last stage of order .. in between this court dates for ANTICIPATORY BAIL police can arrest to my friend.. I will be highly obliged if someone advice me ....


Quick Summary
This discussion addresses concerns about anticipatory bail under Section 438 of the Criminal Procedure Code for a case involving Section 420 of the Indian Penal Code. The user's friend, claiming innocence, has applied for anticipatory bail in the Sessions Court, and the proceedings are ongoing. A key question is whether the police can arrest the applicant while the anticipatory bail application is being heard. Generally, police refrain from arresting individuals who have applied for anticipatory bail, especially if an interim order is in place. However, the court's decision depends on the offence's severity and whether an interim protection order has been granted.

 2 Replies

SHIRISH PAWAR, 7738990900 (Advocate)     22 March 2021

Hello,

Generally, the police do not arrest the accused who applied for anticipatory bail. or in court premises. However, it all depends on the gravity of the accusation and nature of the offence and any order passed in the anticipatory bail application. Take the guidance of an expert advocate for anticipatory bail application.

Adv. Mohit Chahal (Advocate)     22 March 2021

It is always better to prayer for interim order from the Court if the hearing of the case is adjourned for any purpose.

Police may arrest the applicant of anticipatory bail if such interim order is not issued by the Court.

Best Regards
Mohit Chahal
Advocate & Legal Consultant
9968911099

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