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BIBHU dam (Manager)     29 April 2014

Bail

Dear Sir 

A  person FIR a false case   against me and my brother  in police station  and  police arrested my brother and sent to jail . Then my brother was release from jail by bail and  I  got  Anticipatory bail  from high court . Now  case is in court . Now we got a court summon  for  attain court . My  Advocate inform  me that we  have  to  get again bail  from court before the date of next  date  mention in the summon ...... please  suggest 

 

bibhu.dam

siliguri



Learning

 5 Replies

Lawyer SALEEMA KABEER (Advocate Madras High Court & Legal Consultant Chennai Law in Law Firm. +91-9698884779)     29 April 2014

There is no need to get bail again on the only reason that the court issued summons for appearance. Summons meant for directing you to appear before the court in order to participate in the Court proceedings. 

Mahesh R. Sonawane (Lawyer/Fight for justice)     29 April 2014

If chargesheet is filed, then formally you have to take bail from the court.

Summons are issued by court and matter is before court then there must be chargesheet is filed in your case. Your lawyer is correct.

Take complete information....

Dr J C Vashista (Advocate)     29 April 2014

Yes, court bail is  required.

Sourav Das (Advocate Supreme Court of India)     30 April 2014

unless and until your previous bail was cancelled, you have no need to take fresh bail.

summon was issued as because charge sheet has been filed and you need to attend the court for trial.

T. Kalaiselvan, Advocate (Advocate)     01 May 2014

The procedure of obtaining court bail at the time of first appearance on summons before the court is mandatory in some states.  The procedure in some other states namely in Tamilnadu is different, once a person is  enlarged on bail, he need not have to obtain bail again during the first appearance as being practiced in the neighboring states.  Thus, if it is a procedure being followed in your state, your lawyer will be right in suggesting you to do that.  Confirm it from other lawyers too.


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