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Vijay (aaa)     23 June 2011

How to get a bail if not surrender in a criminal case

If a person is wanted in a criminal case & he wants to apply to HC to get a bail to avoid arrest, what is the process ?

Is there any logic possible that HC might grant him a bail if he has not surrendered for 4-5 yrs ?

Pls explain.



Learning

 5 Replies

pratik (self working)     23 June 2011

like to know. 

Alos it is complusory to surrender for granting a bail,

Sourav Das (Advocate Supreme Court of India)     23 June 2011

it is mandatory to surrender for getting bail... if he does not want to surrender before court,then he may ask for anticipatary bail before session court,but not before high court..

Saurabh..V (Law Consultant)     24 June 2011

@Vijay

 

If you have been absconding since so long, then you might have already been declared "proclaimed offender" (PO) by the trial court or the MM. If it is so, then you have to file an application in the concerned court and be present physically in the court while it grants or dismisses your application.

 

If you have not been declared a "PO" then you can apply for Anticipatory Bail (AB) before the Sessions Court. In this case of AB, you presence in court is not required.

 

//peace

/Saurabh..V

Sunil Mathews (Proprietor)     16 July 2011

First bail application 307 and 328 ipc was rejected by session court but high court grant anticipatory bail on the ground of her government job. How accused will be punished?

THANKACHAN V P (Advocate & Notary)     18 July 2011

We cannot give mathematical answer.It depends on the facts and circumstances of each case. Trial may grant bail even if the accused did not appear in the court for 4 or 5 years provided he can convice the court about his absense. 

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