Regarding bail at crpc stage.
green
(Querist) 28 October 2017
This query is : Resolved
A1 has taken the Anticipatory Bail from High Court and provided 2 Sureties in the Police Station.
A2 (Female) was never issued 41(b) CRPC notice by Police Station. So, never took the Anticipatory Bail or Regular Bail.
Now, Police has filed the Charge Sheet against A1 and A2, Stating that A2 is absconding in the chargesheet.
Magistrate Court has issues Summons to A1 and A2, Both A1 and A2 received the summons.
Question 1: A2 now has NO sureties and doesn't have bail. Should A2 apply for Anticipatory Bail?
Question 2: Does the Magistrate has the Authority to release the A2 on Bail on Committal Order?
Is there any provision for Magistrate to give the commital Order with A2's Personal Bond?
Thanks
Vijay Raj Mahajan
(Expert) 29 October 2017
Apply for anticipatory bail to prevent arrest. If that fails, surrender before the magistrate on the next fixed date and seek regular bail.
The magistrate court will not declare PO for the accused if the person surrender in the court and proceed with the complaint on regular basis.
Kiran Kumar
(Expert) 29 October 2017
seems more like an academic query. anyways police must have filed challan only after declaring the accused to be PO. So dont expect any charity from the Magistrate. Seek anticipatory bail. If not provided then surrender and seek regular bail. for detailed provisions kindly refer to Cr.P.C
green
(Querist) 31 October 2017
What do you mean PO? Proclaimed Offender?
Thanks
green
(Querist) 31 October 2017
Police never gave the 41(b) CPRC Notice to A2. A2 is a resident of USA, there is no way police can find out address and issue the 41(b) CRPC notice...
