cpc

what to do with anticipatory bail

Fighting Frivolous 498A case

Hello Learned members,


What is the sequence of events that follows when we have AB in hand and police comes to arrest ??


Do we need to give surety even when we have AB in hand ??


Please suggest.

 
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Advocate

well in every ab it is mentioned in the order sheet that u have to surrender to the concerned court within a time frame and also it is stated that ab is given withwhat much sureties and bail will will given that court after furnishing that much sureties.. and police doe not have the power to relaese on that sureties it is the only concerned court..


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if time limit is not mentioned then is there any possibility to cancel AB?

 
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practicing advocate

Police can arrest you, but they will have release immediately.  Before that you go to the police station and provide surety as ordered by the court and after that immediately within due date apply for the regular court to get regular bail.


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Fighting Frivolous 498A case

Thank you learned members for the reply.


Could you please let me know how long does it take to get AB ?


As a part of procedure does court send summons to other party  ?


Can other party oppose the bail application ?

 

 
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Advocate

The Scope of Anticipatory Bail is well illustrated in the case of Nirmal Jeet Kaur Vs State of Madhya Pradesh and Another as reported in 2004-(007)-JT-0161-SC: Go through the judgment.

 
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POWER OF DEFENSE IS IMMENSE

You have to apply for AB in sessions court, no notice to other side but  only to Govt PP.

 
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Fighting Frivolous 498A case

If we have obtained anticipatory bail already (stating fact of the case), what would be need of getting regular bail  ?

 

Can we directly go for regular bail then ?

 

Please suggest.

 
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Legal Evangelist - TRIPAKSHA

AB can be of a certain time period when it would end and the accused would need to seek Regular bail.

 

Ab once granted absolutely would be applicable til the completion of the trial 

 

 

Regards,

 

Shonee Kapoor

harassed.by.498a@gmail.com

 
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service

The bail granted pursuant to this order shall be in force till the end of the trial of the case unless and until it is cancelled by this Court in accordance with paragraph 103 of the verdict in Siddharam Satlingappa Mhetre's case (supra).
 
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