Anticipatory bail for limited duration
Raman
(Querist) 08 September 2012
This query is : Resolved
Sir,
I was given A.B for Limited duration U/S 498-A/406 case by session court and during this I have to approach to the Local magistrate for applying of regular bail
I contacted many lawyers and forums where I was informed that it was not justified to grant A.B for limited duration as it is contrary to the some recent decision passed by Supreme Court of India in Mehtre case where the Hon'ble Court has openly crticised the courts for granted A.B for limited duartion as it is neither written in CRpc nor it was the intention of the legislature for the same
In their good cause interest whether I should approach to the S.C after getting the regular bail?
Whether I should file the SLP challenging the order of the Session court for granting AB of Limited duarion?
Or I should file the Writ petition as it violates the Article 21 of the constitution as the court has compel me to apparach the magistrate court?
PARTHA P BORBORA
(Expert) 08 September 2012
yes its true that there is no provision for interim bail for a limited period under Cr.P.C but courts traditionally allow interim bail. There is nothing illegal about it. Afterall you have got relief by the interim bail. Otherwise yousr prayer may be rejected or finale 6rder may be passed after a long period of time. Now what do you want ? Cancelation of your bail? I just dont understant how u r rights has been violated?
