Surrender
Arvind Singh Chauhan
(Querist) 09 December 2009
This query is : Resolved
Sir if one accused files surrender application before court, and court asks report from concerned police station mentioning time limit of one week for report.
whether police can arrest the accused during this period of one week.
Expecting citation and provision if any
???????
Sachin Bhatia
(Expert) 09 December 2009
Yes police can arrest the accused during this period.
Raj Kumar Makkad
(Expert) 09 December 2009
Surrender application?
An accused has to surrender before the court along-with the application for surrender and bail. Under which provision the aforesaid application has been moved by the accused?
N.K.Assumi
(Expert) 10 December 2009
Raj, has rightly pointed out the statemnets of law.
Guest
(Expert) 10 December 2009
NANDKUMAR B.SAWANT.M.COM.LL.B.(MUMBAI),ADVOCATE
MOBILE 09325226691, 09271971251
e.mail adv.nbsawant@yahoo.co.in
e.mail.nandkumarbs@sify.com
REGARDING THE SURRENDER KINDLY NOTE THAT
1.ACCUSED HAS TO SUBMIT SURRENDER APPLICATION TO THE DIST AND SESSIONS COURT ALONG WITH APPEAL AND BAIL APPLICATION.
2 I HAVE HANDLED SIMILAR CASE.KINDLY NOTE THAT IN CASE UNDER N.I.ACT SEC.138 INSPITE OF MAKING FULL REPAYMENT OF DISHONOURED CHEQUE AMOUNT OF RS.250,000/ DIRECTLY IN COOP SOCIETY TOWARDS REPAYMENT OF LOAN DIRECTLY,CASE WAS NOT WIDRAWN BY THE SOCIETY AND ACCUSED WAS CONVICTED BY J.M.F.C. COURT FOR 10 DAYS IMPRISONMENT AND COMPENSATION OF RS.30000/-HE APPLIED FOR BAIL TILL FILING OF APPEAL.COURT ACCEPTED SURETY AND GRANTED BAIL TILL APPEAL IS FILED AT DIST AND SESSIONS COURT.
BUT AS ACCUSED WAS A SUCCESSFUL BUSINESSMAN HE DID NOT FOLLOW LEGAL ADVISE AND DID NOT APPEAR BEFORE THE DIST AND SESSIONS COURT AND DID NOT PREFER APPEAL AND NO BAIL WAS APPLIED.
HE DID NOT APPROACH DIST AND SESSIONS COURT FOR A LONG PERIOD OF TWO YEARS AND SIX MONTHS.HENCE NON BAILABLE WARRANT WAS ISSUED BY THE JMFC.COURT AGAINST THE SAID ACCUSED.THEN HE STARTED RUNING FOR HELP.
I HAVE HANDLED HIS CASE AND SUBMITED APPEAL TO THE DISTRICT AND SESSIONS COURT AND ALSO FILED A BAIL APPLICATION WITH THE APPEAL. AND ONE MORE SURRENDER APPLICATION ON BEHALF OF ACCUSED WAS ALSO SUBMITED TO THE DISTRICT AND SESSIONS COURT. KINDLY NOTE THA DISTRICT AND SESSIONS COURT GOT ANNOYED WITH THE ACCUSED AND WAS ABOUT TO SEND HIM TO JAIL EVEN A POLICE CONSTABLE WAS ALSO CALLED TO TAKE HIM IN CUSTODY.
I STRONGLY ARGUED THE MATTER AND BROUGHT THE FACT TO THE NOTICE OF COURT THAT ACCUSED HAS FULLY REPAID THE DISHONOURED AMOUNT OF CHEQUE RS.2,50,000/-DIRECTLY IN THE COMPLAINENT COOP.SOCIETY OFFICE AND EVEN IN JUDGEMENT SAID FACT WAS MENTIONED.WE ALSO SUBMITED THAT THE ACCUSED WAS AN OLD MAN AND WAS SICK FOR LONG TIME.WE PRODUCED ALL PROOFS.
ULTIMATELY HONOURABLE COURT DECIDED TO TAKE HIM IN CUSTODY AND ALLOWED BAIL BY PAYING THE AMOUNT OF BAIL BOND OF RS.15000/ WHICH THE ACCUSED HAD FURNISHED IN J.M.F.C.COURT.ON FURTHER STRONGLY ARGUING THE MATTER COURT WAS PLEASED TO REDUCE THE FORFEITURE OF BOND AMOUNT OF RS.10,000/ AND ON FURNISHING SURETY DOCUMENTS IMMEDIATELY THE APPEAL WAS ADMITED,AND BAIL APPLICATION WAS GRANTED AND ACCUSED WAS RELEASED ON BAIL.
THIS IS JUST FOR INFORMATION OF CONCERNED WHO MAY COME ACROSS SIMILAR CASES.
3.KINDLY NOTE THAT IN THE GIVEN CIRCUMSTANCES AS HONOURABLE COURT HAS CALLED REPORT OF POLICE AND ONE WEEKS DATE IS GIVEN THEN POLICE CAN ARREST THE SAID ACCUSED WHO HAS SURRENDERED BEFORE THE COURT WITH SURRENDER APPLICATION IN PERSON.COURT MAY ORDER TO TAKE THE ACCUSED IN CUSTODY.PLEASE NOTE.
4.IN CASE ANY FURTHER HELP IS REQUIRED KINDLY SEND DETAILS OR WRITE.
WITH BEST REGARDS TO YOU YOUR FAMILY AND FRIENDS.
THANKING YOU
YOURS SINCERELY
NANDKUMAR B.SAWANT.M.COM.LL.B.(MUMBAI),ADVOCATE
adv. rajeev ( rajoo )
(Expert) 10 December 2009
by surrendering himself before the court he will have to file an surrender application along with the bail application. If it is bailable then he will be released on bail, otherwise he will be in the judicial custody
Arvind Singh Chauhan
(Querist) 10 December 2009
Thanks to all seniors for reply. But Sir in case he is not wanted, and the same report come from the police station, how he can pray for bail in advance, Sec 438 have no application in our state. Accused merely applied that he has apprehension that one frivolous report may be lodged in police station against him and he is surrendering before the court. Magistrate call for the report.Whether In such situation police can arrest and torture him?
deepak kumar
(Expert) 10 December 2009
there is no provision for surrendering and praying for bail in advance.
anticipatory bail ( though not applicable in your state) will only lie if there is genuine apprehension of arrest.
police has the power to detain any person for 24 hours even if he is not an accused.
VIKAS GARG
(Expert) 16 December 2009
as apex court in many cases held that inspite the fact that anticipatory bail is not available in many states but still high court can grant anticipatory bail by using inherent powers. apex court said this thing in regard of uttar pradesh where anticipatory bail provision is not available.
