grant of regular bail

Querist : Anonymous (Querist) 10 November 2009 This query is : Resolved
my client has applied for anticipatory bail. his wife has filed a case under section 498-A and 3/4 of DP Act. the court taken cognizence and the warrant were issued. the accused come to know it after a gap of six months. they immediately rushed for anticipatory bail all the person got the bail except the husband.

husband anticipatory bail was not met by high court and he preferred a SLP. the supreme court stays arrests and finally day before yesterday the apex court without hearing the argument dismissed the SLP.

now the husband has left with no other option except to surrender.

can friends guide:-

1) if he surrender what is the chances of getting his regular bail under 439.

2) will court of sessions will grant regular bail or he has to approach High Court.

3) what is the minimum time he has to spent in the custody.

please advise immediately.

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Adv Archana Deshmukh (Expert) 10 November 2009
He can surrender and apply for regular bail in the sessions court.

Querist : Anonymous (Querist) 10 November 2009
Archana Jee,

it is not a reply which was expected by me. we are here to discuss the technicality etc. it is common and well known that he has to surrendered.

what is the issue that whether session court will grant him regular bail, once his anticipatory bail was rejected by apex court.

or if not then how much time it will take for high court to grant him regular bail.

adv. rajeev ( rajoo ) (Expert) 10 November 2009
GTo get the bail he has to prove that how much he is necessary to his family.
Session court could grant the bail. Rejecting the anticipatory bail is not the criteria to reject the regular bail. There are so many examples inspite of rejecting the anticipatory bail regular bail is granted.
Time cannot be said to grant the bail from the high court.

Raj Kumar Makkad (Expert) 10 November 2009
The opinion of Rajeev bears reasoning so it is better to apply for regular bail in the given circumstances.

Sachin Bhatia (Expert) 11 November 2009
Better to apply for regular bail.

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