navdeep singh (lawyer) 29 May 2010

bail matter

In a case accused had filed anticipatory bail aplication in sessions court.Sessions court directed the accused to surrender before trial court and to file regular bail application in trial court and sessions court also stayed his arrest till the disposal of his bail aplication at trial court and the case is adjourned for next date.As directed by sessions court accused surrender before trial court and filed regular bail aplication there.The trial dissmised bail application but the trial court did not arrest the accused.Now please suggest me what is remedy available to accused ?Should he has to file bail application u/s 439 cr.pc at sesions court or to pursue his anticipatory bail aplication which is pending in trial court.?

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5 Replies

PJANARDHANA REDDY (ADVOCATE & DIRECTOR) 30 May 2010

U/S 439 HE CAN APPROACH EIGHTER H.C OR SESSIONS AS SPECIAL POWER OF THE ABOVE SECTION.

navdeep singh (lawyer) 30 May 2010

but sir i think under 439 accused should b in costody.in this case trial court has not arrested accused.

Devajyoti Barman (Advocate) 30 May 2010

No to invoke relief u/s 439 crpc the accused need not be in custody. File a petition u/s439 before the high court.

PJANARDHANA REDDY (ADVOCATE & DIRECTOR) 30 May 2010

Take advantage grounds and approch H.C

DEFENSE ADVOCATE.-firmaction@g (POWER OF DEFENSE IS IMMENSE ) 30 May 2010

Learned friends you are missing imp points.

The anticipatory bail provision is when there is aprehension of arrest.

It seems that there was no material on record and hence the sessions court did not grant anticiparoty bail and go to trial court when FIR or case is filed which may have been bailable.

When no FIR is logded or case is made out against the accused so he is not arrested.

Please furnish further details of matter that what is the position today in respect of FIR or police case.