Surrender application before bail application ?
AKHILESH SRIVASTAVA
(Querist) 22 November 2011
This query is : Resolved
Hon'ble High Court directs appellants/accused persons for apply 'bail-application' before the court below for consideration & disposal of bail application in parameters of Amrawati Vs. State of U.P. & others.
Then what is need for 'surrender-application' before moving 'bail-application'? Whereas CrPC does not have provisions of 'surrender-application' under 44 CrPC.
M/s. Y-not legal services
(Expert) 22 November 2011
Don't know exactly that whats your prayer before high court, and why high court directed you like that.. If its possible mean post your brief case's detail..
Sankaranarayanan
(Expert) 22 November 2011
yes well said by mr tom. we need more details on it
M/s. Y-not legal services
(Expert) 22 November 2011
For your further information, for some offences anti' bail not allowed.. i.e. A.b not allowed for PCR cases. At the time, instead of filing a.b we have to file a direction petition before high court, prayer should be as ''accept our surrender before concern sessions court, and consider your bail application on the very same day''. Now your petition will be allowed as per your prayer..
M/s. Y-not legal services
(Expert) 22 November 2011
If high court directed the sessions judge to accept your surrender and consider your bail on the same day mean you are safe. Without this direction if you surrendered mean sessions judge will remand you. You will be kept in to prison. Then your counsel will start the bail procedures. So just avoid this unwanted circumstances. Take care
Advocate. Arunagiri
(Expert) 22 November 2011
Only after surrender, the bail application can be filed.
Or
After the arrest, the bail application can be filed.
So, the High court had allowed you to surrender and get the bail from the lower court.
AKHILESH SRIVASTAVA
(Querist) 22 November 2011
what sections under CrPC have provisions of 'surrender-application'?
Advocate. Arunagiri
(Expert) 26 November 2011
Mr.Tom had give you a detailed analysis to handle the situation.
Mr.Tom uses his good heart supported by his legal knowledge.
M/s. Y-not legal services
(Expert) 26 November 2011
thank you arunagiri sir.. thank you so much.. thanks to prabhakar sir also..
