Regular bail in 406/420/34 ipc

Dalip Singh (Querist) 04 April 2016 This query is : Resolved
Two anticipatory bail applications have been declined by the Session Court in the above case. Now, the applicant wants to surrender and seek regular bail. I am counsel for the applicant. IO attributed the recovery of stolen items at the applicant at the instance of the accused whereas no recovery, in fact, has taken place at the residence of the applicant.

Let me know how to proceed for surrender and regular bail. Should the applicant surrender before session and seek regular bail or what?

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Devajyoti Barman (Expert) 04 April 2016
You can try your luck once in high court. If that is unsuccessful then surrender in lower court.
Surrender is made before Magistrate's court and not in sessions court.
Please take help of a criminal alwyer if you are not conversant with the procedure.

Adv. Yogen Kakade (Expert) 04 April 2016
Yes. why don't you file the bail application at the high court?
If your client is not ready to approach the high court then make him surrender before the magistrate.
The IO might ask for the PC.. and if the PC is granted then you should apply to grant MCR and when he shall be sent to MCR, you can apply for the regular bail.
But to answer your question in detail the actual facts of the case are need to be seen.

Adv. Yogen Kakade
Jurycon Incorporation
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