BIBHU dam (Manager) 29 April 2014

Bail

Dear Sir

A person FIR a false case against me and my brother in police station and police arrested my brother and sent to jail . Then my brother was release from jail by bail and I got Anticipatory bail from high court . Now case is in court . Now we got a court summon for attain court . My Advocate inform me that we have to get again bail from court before the date of next date mention in the summon ...... please suggest

bibhu.dam

siliguri

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5 Replies

Lawyer SALEEMA (Advocate Madras High Court & Legal Consultant Chennai Law in Law Firm. +91-9698884779) 29 April 2014

There is no need to get bail again on the only reason that the court issued summons for appearance. Summons meant for directing you to appear before the court in order to participate in the Court proceedings.

Mahesh R. Sonawane (Lawyer/Fight for justice) 29 April 2014

If chargesheet is filed, then formally you have to take bail from the court.

Summons are issued by court and matter is before court then there must be chargesheet is filed in your case. Your lawyer is correct.

Take complete information....

Dr J C Vashista (Advocate) 29 April 2014

Yes, court bail is required.

Sourav Das (Advocate Supreme Court of India) 30 April 2014

unless and until your previous bail was cancelled, you have no need to take fresh bail.

summon was issued as because charge sheet has been filed and you need to attend the court for trial.

T. Kalaiselvan, Advocate (Advocate) 01 May 2014

The procedure of obtaining court bail at the time of first appearance on summons before the court is mandatory in some states. The procedure in some other states namely in Tamilnadu is different, once a person is enlarged on bail, he need not have to obtain bail again during the first appearance as being practiced in the neighboring states. Thus, if it is a procedure being followed in your state, your lawyer will be right in suggesting you to do that. Confirm it from other lawyers too.