Anticipatory Bail.
kranthi kiran
(Querist) 22 November 2009
This query is : Resolved
High Court dismissed the first Anticipatory Bail application, with a direction to suurender and seek bail from the regular Court. The regular Court was directed to dispose the bail application expeditiously. The Offence committed by my client is 353 IPC. The allegation is that he objected the police constable from performing his duties while some dispute was taking palce between two political rival groups.
My client is not willing for surrender. Can we file anticipatory bail application for the second time. Please provide some citations, wherein it is held that, there is no restriction on the no. of anticipatory bail application.
Srinath Kondapally
(Expert) 22 November 2009
Mr. Kiran, the offence 353 of I.P.C. is bailable one, hence no need to afraid, on his surrender he must be released on bail at any cost,for this offnce no need to approach High Court at first instance without approaching concerned sessions court u/S. 438 of Cr.P.c.oncedirection came from high court , it is not possible to file another bail application with same relief, except filing revision,hence your client may be advised better to surrender in M.M.Court, definately he will get immediate bail.
Raj Kumar Makkad
(Expert) 22 November 2009
Yes. You can definitely file second anticipatory bail application before HC, if first has been rejected.
This is general practice but I could not find any citation in support of this practice though I tried for an hour for this purpose.
Raj Kumar Makkad
(Expert) 22 November 2009
It is also true that your client shall get immediately bail if he surrenders because the offence is bailable.
deepak kumar
(Expert) 22 November 2009
let us be clear on one point that section 353 has been made non bailable by amendment act 2005 with effect from 23-6-2006. therefore the anticipatory bail application will lie.
as far as second application is concerned it can not be filed just because your client does not want to surrender but there must be fresh material which has come up after rejection of first application so that some new ground is available to the judge to reconsider his decision.
PJANARDHANA REDDY
(Expert) 22 November 2009
IT IS NON BAILABLE, TRY SECOND TIME WITH SOME PROPER/SYMPATHICAL GROUNDS.
N.K.Assumi
(Expert) 22 November 2009
Agree with Deepak and Pjanardhana.
Devajyoti Barman
(Expert) 22 November 2009
The offence is non bailable and in Calcutta High Court second anticipatory bail petition is not permissible.
