Can u give me advice how can iask to court and in which section
noor
(Querist) 09 October 2011
This query is : Resolved
can u tell me in which section i ask court to send notice to the govt and how can i take relief for fear or arrest do u have any citation regarding like that case my case is dealing CBI only
if u have any citation or proferma please send me
hi experts i need Ur help can u tell me where my name is not mention in FIR and i have dought that police will arrest me this CBI case where my name is not mention in FIR and am lady wt can i do for taking bail in anticipatory if u have any suggestion regarding that tell me or any do u have citation about that case supreme court or high court tell me it is very urgent thanks experts
generally the trend is that the blanket bail is not granted.
in case you move an application for bail in anticipation of arrest, the concerned court will issue notice to the state....and it will depend upon the reply of the state whether you are required in that particular case or your role is being investigated into the matter....the court may pass the orders for a few days notice prior to making an arrest of the applicant.
in cognizable offences, bail is not a matter of right, however, the court may use its discretion while considering the bail application.
good luck.
R.Ramachandran
(Expert) 09 October 2011
Dear Noor,
One can apply for Anticipatory Bail under Section 438 Cr.PC., to the High Court or the Court of Sessions, in case he/she has reason to believe that he/she may be arrested on an accusation of having committed a non-bailable offence.
It means, that only when there is a complaint / FIR against the person accusing him of having committed a non-bailable offence, the question of applying for anticipatory bail would arise.
In your case, you say that you have not been named in the FIR. Therefore, you will not be able to apply for anticipatory bail under the provisions of Section 438 Cr.PC.
There are no provisions for you to apply to the court to send a notice to the Government as envisaged by you.
Shonee Kapoor
(Expert) 09 October 2011
You have to apply u.s 438 of CrPC for AB. The CBI is made the party as State Representative.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
noor
(Querist) 10 October 2011
hello shonee sir if u have any citaion regarding like that case tell me i am thanks full to u
