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manu (advocate)     12 March 2009

anticipatory bail

sir/mam

i want citation on this point- there is a case to which there is a counter case. in one case accused have got anticipatory bail. so is it possible for the accused in the counter case to seek an anticipatory bail on the ground that the accused in a counter case have already secured case and therefore they are also equally entitled for bail?

pls furnish rulings on the point.

thanx

manu



Learning

 10 Replies

Vijay Kumar (Advocate)     12 March 2009

This cannot be the ground for bail at all.


 

N.K.Assumi (Advocate)     13 March 2009

You can not just hang around the Court permises or the Police Station and pray for Anticipatory bail. Go for regular bail.

sreedhar (advocate)     13 March 2009

This is not a valid ground. But you can use this point in your arguments.Some Judges may consider this point and some may not. I will try to give u some Judgments soon.


Thanks,


Sreedhar.R

PALNITKAR V.V. (Lawyer)     14 March 2009

Unless there is parity you will not get bail merely because the other side has got it. But if everything is same or similar e.g. charges, other allegations relating to tampering of evidence, past history of accused etc then you may claim parity.

manu (advocate)     14 March 2009

thank u sirs

Swami Sadashiva Brahmendra Sar (Nil)     14 March 2009

may i add to mr. sreedhar and palnitkar that circumstances of the incident  and role of the accused from both side may be relevant considerations for parity. however it can not be claimed as of right.

K.C.Suresh (Advocate)     19 March 2009

Why anticipatory bail when the case is at the court and in the pre-cognizance stage. Apply for regular bail as suggested by Assumi.

Vijay Kumar (Advocate)     19 March 2009

For regular bail, one has to surrender first.

B.N.Rajamohamed (advocate / commissioner of oaths)     21 March 2009

The court undersections 437 and 439 of Criminal Procedure code is entitled to release an accused on bail if it is satisfied that the accused will  not escapefrom the jurisdiction or he will not tamper the evidence or hamper the prosecution or disturb the investigation. There is no hard and fast rule that when an accused in the  case is released on bail the accused in the counter case should also be released on bail unless the court is satisfied with the requirements stated supra.  

A.Mohamed Thaheer (ADVOCATE)     02 April 2009

If the cause of action is one and the same in both the cases, then the accused may get anticipatory bail in the counter case also.  However, it is only the left to the discretion of the Magistrate taking the serious of the offence committed.


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