bail


Is an anticipatory bail  granted  for a period of 30 days by high court  will be still in force if the petitioner appears before the trial court  within  the said period and apply for regular bail and whether he can be arrested within that period pending disposal of the bail application before the trial court

 
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Lawyer

no....unless and untill the trial court rejects the regular bail application, the high court order will stand firm thus the police can not arrest the accused during the pendency of the regular bail application.

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advocate

he cannot be arrested before the period of 30 days as alloed by the High Court during pendency of the regular bail petition.

 
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LEGAL OFFICER

I agree with what you have said, but what will happen if his bail in the trial court is rejected within 30 days itself, will he be arrested as High Court in its order has given specific direction to release  the petitioner on bail if arrested within 30 days and also to apply for regular bail within the said period.

 
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advocate

No court subordinate to a High Court has the power to alter or reject the order given by the high Court, so he shall enjoy the liberty of bail for a period of 30 days. But after 30 days if he appears before the T.Court with a regular bail prayer shall be decided by the Trial Court. The power of the trial Court is discretionary in that regard.

 

 

 
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