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Prasad goud   07 June 2022

Bail cancelled

Dear all

My brother working for a bank financial fraud had happend were my brother name included as A2 were other A1. A3. A4 are in remand my brother was in upcand we applied for anticipatory bail in dist court it got dismissed and agin we approched high court were the court directed to surrender before mgiatrate and forward the bail petition we are afraid on that

Alternatively one of the advocte of high court said that he will apply and provide one order were no police will take my brother in to custody and we can apply for regular bail is it correct is their nay such order stating that relaxation to my brother



Learning

 4 Replies

P. Venu (Advocate)     08 June 2022

The facts, as posted, are disjointed and lack clarity. Please try to repost in simple language/sentences.

Sravika Reddy Kohir   08 June 2022

Hello Prasad Goud, I acknowledge your question. As I read through the facts, I understand that you have applied for an Anticipatory Bail but it got dismissed and the high court thus directed to surrender the same. Here after the bail is rejected by the high court you cannot apply for a second one on the same ground under 438 of CrPC. But you can file a petition for the before sessions court under Section 439(1) (b) of CrPC for in modify and relaxation for the same. I hope your Advocate is also talking about the same with regards to relaxation.

I hope I answered your query, if you still have any query, you can drop here.

Have a good day.  

Dr J C Vashista (Advocate)     09 June 2022

The facts posted are vague and not clear for consideration and obligation.

You have already engaged an able, competent and intelligent lawyer who is well aware about facts and circumstances of the case, what is his / her opinion / advise ? Have you lost faith in your lawyer ? If so, change him / her immediately.

Why do you need second opinion and obligation of experts on this platform on the basis of limited and disjoint facts posted by you,  except the fact that it is available free of cost ?????

Prasad goud   12 June 2022

Dear sir 

As you said that lawer can apply under 439(1) (b) but here another three were in remand from 35 days here our lawer is saying that he will provide an order under 41(A) we're no police will come to me till the case comes for court and the charge sheet has not yet filed 

Is it ok to take that 41a from the honble court wether it is granted for these sections 420 409 467 468 471 pls clarify


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