N.K.Assumi (Advocate) 26 January 2012

If interim a/b is rejected does immediate arrest follows?

If the Session Judge reject interim Anticipatory Bail application, does it empower the Police to arrest the accused immediately by the police? What is the current position of laws in this regards?

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9 Replies

DEFENSE ADVOCATE.-firmaction@g (POWER OF DEFENSE IS IMMENSE ) 26 January 2012

AB- no interim or final. AB meace AB. Once rejected go higher courts that is the only option.

N.K.Assumi (Advocate) 26 January 2012

Before approaching the High Court is it not right for the Police to arrest the accused as there is no umberlla for his protection from arrest having rejected his interim A/B?

dawood ahmed (advocate) 26 January 2012

Well, If the police so want they can arrest the accused. There is no legal embargo.

Rajiv Chauhan (Advocate) (Advocate (Shimla) 7833999000) 26 January 2012

Yes, If the court has not given a/b the police has the power to arrest and one can immediately move to higher court.

N.K.Assumi (Advocate) 27 January 2012

But in case the Session Judge errenously rejected the interim A/B?

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com) 28 January 2012

Dear Mr. Assumi if the AB has been rejected by Session court & the AB has not been filed before HC, in between,the Police officer/IO have power to arrest the accused/proposed accused if the FIR has been registered.

dawood ahmed (advocate) 30 January 2012

Even during the pendency of the AB petition before the Sessions Court or after dismissal of the petition by the sessions court and during the time of presentation of the AB before the HC the police can lawfully arrest the accused. You see, as long as there is no stay or any order from the competent court the police can arrest any accused in the cognizable case.