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Abhishek Goel (student)     09 September 2014

If aba is pending modification can police arrest?

if an anticipatory bail order has been passed in 2013 but the accused has applied for modification of condition of surety to cash bail under section 445, and the modification application is pending before court till date, ie, say September 1, 2014, then can the police arrest the accused during the period 2013 to September 1, 2014?

In another situation if cash bail is rejected and the accused has to comply with the previous order, then does a persons salary slip work or is it necessary to obtain a solvency certificate for surety?



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 2 Replies

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 )     10 September 2014

No arrest while bail petition is pending.Solvation certificate is to be obtain and submit.

Ashok, Advocate (Lawyer at Delhi)     10 September 2014

The very purpose of grant of anticipatory bail is to release the person immediately on bail in the event of his arrest by police. Please see sub-section (3) of Section 438 Cr.P.C. in this regard.

 

Therefore, once anticipatory bail has been granted, irrespective of the fact that a modification application is pending for change of certain conditions, such anticipatory bail would be applicable with the existing conditions till such modification application is accepted and the conditions are modified. Accordingly, if the police arrests the accused person meanwhile (i.e., while the modification application is pending), he shall have to be immediately released as per the existing conditions for grant of the anticipatory bail.

 

 


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