BAIL
Querist :
Anonymous
(Querist) 18 June 2011
This query is : Resolved
Sessions Judge Amritsar granted interim anticipatory bail to accused X and called for report from concerned police directing '...in the event of his arrest X will be released on fail on his furnishing recognizance of Rs.25ooo/-.This order is up to 30th June 2011,when the IO must furnish report". On 30.5.2011 however neither the accused X turned up nor his advocate moved an application for dispensing with his presence on that day.Court adjourned the case "AWAIT" for 2 days.None turned up on behalf of the accused etc.
Now,what the Judge is required order in tyhe facts and circumstances of the case ?
Advocate. Arunagiri
(Expert) 18 June 2011
Normaly when the court orders for anticipatory bail, the petition will be closed, the case will not be adjourned.
Please post the exact order of the court.
Guest
(Expert) 18 June 2011
if the anticipatory bail is allowed than the accused will not appear in that court he will be appeared before the trial court and will apply for the regular bail and will furnish the bail bonds there and the police will submit the final report in the trial court and not in the sessions court.
Querist :
Anonymous
(Querist) 18 June 2011
This is reference to Mr.Arunagiri's reply to which another expert concurred.The text of the order passed in the case is as under:
"This application for anticipatory bail has been moved in the court.Call for report from the concerned police station & put up file for final order after arguments.In the meantime,however,in the event applicant's arrest in any non-bailable offence,in which punishment is not Life imprisonment,death penality or triable by a Special Court,in the event of his arrest the applicant shall be released on bail on furnishing bail bonds of
Rs.25000/-.
The report shall be furnished by or before...(date) with objections of PP,when the application will be taken up for final order.Hence this interim order.
Do as directed.
REGARDS
Guest
(Expert) 19 June 2011
in this case the bail is not granted this is the stay of arrest means if the accused is arrested in this case and not required in another case than be released and the bail will be decided after receiving the notice issued to the police for police file put up.
Advocate. Arunagiri
(Expert) 19 June 2011
Interim bail is granted till the police submits their final arguments and till the report of the PP if any objections.
so, the accused need not appear. The ball is in the Police court.
Querist :
Anonymous
(Querist) 20 June 2011
Please refer to Sc case regarding interim bail titled 'State of Orissa v. Madan Gopal Rungta and Others 1952 S.C.R. 28,which allows interim bail.My dear just carefully read the qn.It is interim bail & operates till a particular date,when the court calls for police report regarding offence in which the applicant accused is involved.Obviously Police as well as the accused and, may be Court, has an impression that the anticipatory bail will last After a particular date mentioned in the order whereafer everybody has impression that unless bail is extended or confirmed or the accused directed to go for a regular bail in the competent court,it expires on the date mentioned in the order.Kindly reply in this context.I shall be obliged if you refer to some relevant judgments too. '
thanx.Regards.
Querist :
Anonymous
(Querist) 20 June 2011
Friends, kindly try to make a difference that it was an "INTERIM BAIL " Order !
