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(Guest)

File anticipatory bail for 498a before fir registered

 I have filed Anticipatory Bail for 498a before any FIR registered. After 1 month bail hearing date but at this hearing date till no case registered against me under 498A.

Under indian Act what will happen to this bail hearing date if no case registered yet, court cancel the Anticipatory Bail or extend it ? 



 9 Replies

Rocky Smith (Instructor @ Calcutta (rockysmith4calcutta@gmail.com))     21 October 2014

Court will make a duration of the AB.  If within that period FIR is registered then no arrest.

 

Please lodge a counter FIR also against her with all of your allegations with good oath at the earliest.

 

Please read each of my posts carefully in the following links.

 

https://www.lawyersclubindia.com/forum/Fight-against-misuse-of-498a-ipc--103100.asp#.U6gslUCm9dg

 

https://www.lawyersclubindia.com/forum/Best-way-to-fight-against-false-498a-103111.asp#.U6gsRkCm9dg

 

https://www.lawyersclubindia.com/forum/details.asp?mod_id=104564&offset=1


(Guest)

Hello Sir,

AB is granted before FIR ?

 

Rocky Smith (Instructor @ Calcutta (rockysmith4calcutta@gmail.com))     22 October 2014

Yes, AB may granted before FIR.

AS   22 October 2014

In General , No bail will be given before FIR registration.

AB is given when FIR is reqistred and you are not arrested by police.

when FIR is not registred. then No AB.

But court will issue a notice to police that few days notice "5-7 days" will be issues to you before arresting you , So that you can file your AB in those "5-7" days of time , and remember this will be valid for specific time period only. Date will be mentioned in the judgement order.

 

Hope i make sense....


(Guest)

Thank you AS, but I think "Rocky Smith" have no idea about our Indian law because his answer are below.

Originally posted by : Rocky Smith

Yes, AB may granted before FIR.

Pappu (Victim)     24 October 2014

FIR is not a pre-requisite for granting AB. You will have to prove your apprehension in the court.

In fact there is  a full bench SC judgement regarding it. 

1 Like

Pappu (Victim)     24 October 2014

Here you go ..

https://indiankanoon.org/doc/1308768/

1 Like

Rocky Smith (Instructor @ Calcutta (rockysmith4calcutta@gmail.com))     24 October 2014

Thanks Mr. Pappu.

 

I agree with Mr. Pappu.

Gagandeep Goel (Advocate)     07 December 2014

Hello There

The court shall not be granting the same to you.

The relevant provision of law is section 41A of CrPC and as per Arnesh Kumar v. State of UP the Supreme Court has issued very clear directions that no arrest shall be made without issuing notices to accused specially in 498A matters.

So no need to worry and let the police take its own course.

Gagandeep Goel

9872206969


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