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sanjay (executive)     29 June 2012

Bail without surrender

Respected Forum Members,

Can I get bail from allahabad hight court without surrendering in session/trial court.



 9 Replies

ravindra (Analyst)     29 June 2012

Yes u can get anticipatory bail but unfortunataly In UP there is no anticipatory bail system

thanks

ravindra sonavane

Sanjeev (Lawyer)     29 June 2012

whats the charge...you can get stay of arrest

Shashwat Shukla (Advocate)     29 June 2012

Dear Sanjay,

as per recent rullings, if the offecnce is punishable upto 7 years of imprisonment then u can get the order of interim bail by this court in the light of Lal Kamlendra Pratap Singh. otherwise there is no chance to get bail without surrender. 

Shashwat Shukla (Advocate)     29 June 2012

Dear Sanjay,

As per recent rulling of apex court as well as High court, if the offcence is punishable upto 7 years of imprisonment then you can get the interim bail by this court in the light of Lal Kamlendra Pratap Singh other with there is no chance to get bail without surrender. 

Shashwat Shukla (Advocate)     29 June 2012

Dear Sanjay,

As per recent rulling of apex court as well as high court, if the offcence is punishable upto 7 years of imprisonment then you can get the interim bail by this court in the light of Lal Kamlendra Pratap Singh other wise there is no chance to get bail without surrender. 

harsh pratap singh (sseef)     29 June 2012

Dear Sir,

I have some queries

a) What is the difference between regular bail and interim bail?

b) In short what does this citation about LAL KAMLENDRA PRATAP SINGH says.......i m not a lawyer?

c) Does interim bail means in any case i will not go behind bars in 498a case? because in my case though i have been given interim bail but hearing for regular bail has not taken place?

Looking forward for your reply

harsh pratap singh (sseef)     29 June 2012

Dear Sir,

I have some queries

a) What is the difference between regular bail and interim bail?

b) In short what does this citation about LAL KAMLENDRA PRATAP SINGH says.......i m not a lawyer?

c) Does interim bail means in any case i will not go behind bars in 498a case? because in my case though i have been given interim bail but hearing for regular bail has not taken place?

Looking forward for your reply

harsh pratap singh (sseef)     29 June 2012

Dear Sir,

I have some queries

a) What is the difference between regular bail and interim bail?

b) In short what does this citation about LAL KAMLENDRA PRATAP SINGH says.......i m not a lawyer?

c) Does interim bail means in any case i will not go behind bars in 498a case? because in my case though i have been given interim bail but hearing for regular bail has not taken place?

Looking forward for your reply


(Guest)

Dear Harsh,

Classification of offences are defined under I P C and with provision of punishments. Cr P C governs the regulatory and procedural part where in provision for bail is specified u/s 437, 438, 439.

For minor offences triable by court of Magistrate the bail is granted by Magistrate. If the offence is cognizable then in such case anticipatory bail can be preferred before Court of Sessions and if the application is rejected then before High Court.

For major offences triable by Court of Sessions, regular bail application can be preferred u/s 439 of Cr P C and if rejected then before High Court. However, in major offences if accused is not arrested, then anticipatory bail u/s 438 of Cr P C can be preferred before Court of Sessions and if rejected, then before High Court.

You can not approach High Court straight for grant of anticipatory bail unless you approach Court of Sessions first for anticipatory bail. There are numerous judgments on this point.

Regular bail is u/s 439 of Cr P C. Anticipatory bail can be preferred u/s 438 of Cr P C. There is no provision of interim bail u/s 439 which governs grant of bail subsequent to arrest of accused. However, under Section till the time final hearing of the anticipatory bail does not take place, accused/applicant is/can be enlarged on interim bail (which is for specific period time bound).

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