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Vishal Kumar (Asst. manager)     21 March 2013

When to file anticipatory bail - complaint pending with caw

Dear Memebers,

 

As per my previous threads my complaint is pending with CAW and I have been advised on this forum to apply for the AB but I my lawyer informed that we can apply for AB only when FIR is filed. Can you please provide me any High Court or Supreme court judgement which says that AB can be applied any time i.e. even before FIR is filed so that I can show it to my lawyer and start the process ASAP.



Learning

 5 Replies

Manish Udar (www.Mehnat.IN)     21 March 2013

Apply for notice bail.

Manish Udar (www.Mehnat.IN)     21 March 2013

Apply for notice bail.

Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 )     21 March 2013

INDIAN PENAL CODE (IPC), SECTION 498A : Husband or relative of husband of a woman subjecting her to cruelity : Whoever, being the husband or the relative of the husband of a woman, subjects such woman to cruelty shall be punished with imprisonment for a term which may extend to three years and shall also be liable to fine. 498a is a criminal offense. It is cognizable, non-bailable, and non-compoundable offense.

If you are already married and fearing of a false 498a case -I understand it may be boring, but it can save you lot of trouble later. If 498a is imminent - to save your parent, brother, sister, etc from 498a, you may ask your parent to legally disown you, your parent need to contact a lawyer to file affidavit in court.
Once your wife files 498a, just go underground, do not get arrested at any cost, make your lawyer apply for bail for all those people who have been named in the FIR, surrender to court after bail is denied. 
Ideally Police should not register FIR if your wife is living separately from you , so make sure that you have got some solid proof for the same as example you can send legal notice to your wife to her address asking her to come back

Goutam Prasad (Advocate)     21 March 2013

First of all I would like to inform that concept of notice bail is not in India. This is the term used in UK.

 

In India, there is either Anticipatory Bail or Bail. As far as filing of anticipatory bail is concerned, registration of F.I.R. is not mandatory for filing the same. In this regard, Suprme Court in its judgement in Gurbaksh Singh Sibba Vs. State of Punjab [1980 2 SCC 565] held that

 

"Section 438(1) of the Code lays down a condition which has to be satisfied before anticipatory bail can be granted. The applicant must show that he has "reason to believe" that he may be arrested for a
non-bailable offence. The use of the expression "reason to believe" shows that the belief that the applicant may be so arrested must be founded on reasonable grounds. Mere 'fear' is not 'belief, for which reason it is not enough for the applicant to show that he has some sort of a vague Apprehension that some one is going to make an accusation against him, in pursuance of which he may be arrested. The grounds on which the belief of the applicant is based that he may be arrested for a non-bailable offence, must be capable of being examined by the Court objectively, because it is then alone that the Court can determine whether the applicant has reason to believe that he may be so arrested. Section 438(1), therefore, cannot be invoked on the basis of vague and general allegations, as if to arm oneself in perpetuity against a possible arrest. Otherwise, the number of applications for anticipatory bail will be as large as, at any rate, the adult populace. Anticipatory bail is a device to secure the individual's liberty; it is neither a passport to the commission of crimes nor a shield against any and all kinds of accusations, likely or unlikely."

 

In the avobe view, registration of FIR is not pre-requisite for application of anticipatory bail. However the same words is not straight away written in SC judgement. There is a judgement of Andhra Pradesh High Court in K. Rajasekhara Reddy Vs. State Of A.P. 1998 (4) ALD 677, which says this in more clear language.

 

Goutam Prasad

Advocate

 

Mob: 9810753838

 

https://www.aegisjurist.com

 

https://www.facebook.com/aegisjurist

Manish Udar (www.Mehnat.IN)     21 March 2013

I got notice bail in Delhi for myself and my parents from the high court.

www.mehnat.in


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