anticipatory bail


how get anticipatory bail on false fir in SC sc act
 
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ha21@rediffmail.com Mumbai : 9820174108

Originally posted by : Priyanshu kumar
how get anticipatory bail on false fir in SC sc act

 

1. Depending on type of offences in FIR, approach the state HC (thru an lawyer) and apply for bail, by following due procedures of law.  You would require your personal financial /property papers and two surety for the same.

Keep Smiling .... Hemant Agarwal
VISIT: www.chshelpforum.com

 
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Deputy Manager

438 of the Code of Criminal Procedure, 1973, lays down the law on anticipatory bail. Sub-section (1) of the provision reads: “When any person has reason to believe that he may be arrested on an accusation of having committed a non-bailable offence, he may apply to the High Court or the Court of Session for a direction under this section; and that Court may, if it thinks fit, direct that in the event of such arrest, he shall be released on bail.” So, it is not necessary to approach only the High Court for AB, though it can be granted by the Sessions Court too.
 
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Legal Enthusiast

Provision of Anticipatory Bail has no application to cases under SC/ST Act as Section 18 and 18A of the special law specifically bars its application. 

Recenlty supreme court has held that if no prima facie case is made out against the accused persons then courts can  grant Anticipatory Bail.

Regards 

kapoor.legal@gmail.com

 
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