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raaju   17 February 2017

Anticipatory bail after chargesheet

We are on police station bail in 498a case . Now chargesheet has been filed. Shall I apply for anticipatory bail ? What will happen if I don't apply for anticipatory bail and attend court on summon ?


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 9 Replies


(Guest)

Tumhara vakeel ka naam bolo zara.

Sachin (N.A)     17 February 2017

Yes, you should file anticipatory bail.

The courts of sessions and high court  has the necessary power vested in them to grant anticipatory bail in non-bailable offences under Section 438 of the criminal procedure code even when cognizance if taken or chargesheet is filed.

Purpose of Section 438 of the Criminal Procedure Code is to prevent undue harassment of accused persons by pre-trial arrest and detention.

 

BHRIGU DATTA 9475352677 (PRIVATE PRACTICE)     19 February 2017

you should obtain anticipatory bail other owise warrant will be issued after filing absconding charge sheet?

BHRIGU DATTA 9475352677 (PRIVATE PRACTICE)     19 February 2017

you should obtain anticipatory bail other owise warrant will be issued after filing absconding charge sheet?

Kamal Dixit (Lawyer in Thane District Court Mumbai Thane)     19 February 2017

As per high court judgements ,in sec.498a of IPC( non bailable) offence  no custody required in police or jail.. accuse person should be present in courts after received warrant or summon on date.then can give bale application through advocate same time...this is matrimony case easly can be grant  bale if advocate argument proper .In safe side section 438 of Cr.PC Anticipatory bale application can be produce in Session courts and  can take bale

raaju   20 February 2017

I have not received any notice or summon as yet . How can I apply for anticipatory bail ?

raaju   20 February 2017

I have not received any notice or summon as yet . How can I apply for anticipatory bail ?

shrenik (lawyer)     21 February 2017

dont worry , appear in court . no one will arrest you .

Kamal Dixit (Lawyer in Thane District Court Mumbai Thane)     21 February 2017

appear in court on hearing date when received notice or summon,u can get bale,on time


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