Ab queries
Shruti Shruti
(Querist) 01 December 2016
This query is : Resolved
My AB order says as follows.
1. AB is granted
2. In the event of arrest or on their surrender before the on or before failing which the order shall stand cancelled; the petitionerd are ordered to be released on bail on their executing a bond for Rs.10000/- each with two sureties for a likesum to the satisfaction of the said magistrate.
3. The petitioners shall report before the Inspector of daily for one month.
My queries:
The case details are : 420, 406, 506(2) by my ex gf on cheating in the name of marriage.
Currently I am out of India. I am traveling back to India after the mentioned date only.
1. Am I expected to appear before the court as mentioned by date? What If I appear after that date as I arrive, will I be arrested?
2. And whether A2,A3 s presence is needed in court along with surety too execute this bail?
3. I wont be able to go to station daily as I am not available. Will that create any impact? Can I ask my dad to provide my sign, as the said inspector is my family person.
4. what is this bail order is cancelled if we dont submit the surety. Are we supposed to extened the same or need to apply fresh?
5. That 10000 is for each person? (A1, A2, A3 - 3 petitioners are there inn this order)
Devajyoti Barman
(Expert) 01 December 2016
1. Since AB is granted you will not be arrested and even if arrested you have right of release with the production of copy of bail order.
2. The get regular bail from lower court the accused persons who have got AB requires to be physically present along with surety.
3. If you do not comply with the condition as mentioned in the AB , the bail would be cancelled. So you have to either comply with it or apply for relaxation of this condition.
4.If bail is cancelled you can be taken into custody.
5.Yes, the sum of money is for each accused person.
ADVOCATE NITIN KAPOOR
(Expert) 02 December 2016
Note: Considering the information provided by you is correct and all material.
1. Since you have been granted anticipatory bail, you will not be arrested.
2. You need not to appear in the court. Surety will be needed when police will arrest you, then you can with the help of bail order will get bail on the assurance of 2 sureties.
3. You have to appear in the police station as envisaged as a condition in the bail order.
4. In case this bail order stands cancelled then you can be taken into the custody at the behest of police or you can approach high court against the bail cancelling order.
5. Yes, amount of surety for each one separately.
Any other query, you may contact undersiged.
Regards,
Advocate Nitin Kapoor
Mob: 8800692624.
Shruti Shruti
(Querist) 02 December 2016
Thanks Sir.
So my understanding is I dont need to appear incourt & provide surites unless police arrest me.
Pls confirm if my understansding is fine.
Shruti Shruti
(Querist) 02 December 2016
Thanks Sir.
So my understanding is I dont need to appear incourt & provide surites unless police arrest me.
Pls confirm if my understansding is fine.
ADVOCATE NITIN KAPOOR
(Expert) 02 December 2016
No you need not to just relax and attend police station as directed in the order.
Rajendra K Goyal
(Expert) 02 December 2016
You have to appear in the court.
Agree with the advice from expert Devajyoti Barman.
Dr J C Vashista
(Expert) 03 December 2016
A regular queriest with such academic questions.
