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Rahul Satardekar (Lawyer)     13 August 2012

Bail to absconding accused

Sir,

  A case was registered in 2005 of 468, 419,471,420. there were 2 accused. One accused already got Anticipatory bail  in 2009. Other accused was not present. Police have filed the chargesheet against one accused who was granted anticipatory bail and filed absconding chargesheet against other accused declaring him as absconder. Matter is now for evidence before the Magistrate Court

In such case is the absconding accused now required to surrender to the Magistrate Court for regular bail or file anticipatory bail before Sessions Court? Are there chances of his arrest even after chargesheet filed?

Plz advise

Thank you.



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 1 Replies

N.K.Assumi (Advocate)     13 August 2012

He can be arrested even at the evidence stage that is after filling of the chgrage sheet and proceedings commence. He can surender before the court and pray for regular bail, or he can ask for anticipatory bail as he has not been arrested till today. But absconding for many years and praying for anticipatory bail will not be proper though there is no rule that absconder can not claim anticipatory bail.


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