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Ajay Sakhare (Advocate)     24 August 2018

Accused can claim anticipatery bail in NBW before Session court if offence is triable by court of session?

Accused can claim anticipatery bail in NBW before Session court if offence is triable by court of session?

Accused for the offence of 307 of IPC and he is absconded for 3 years and commiting court issued warrant against him.

can he get anticipatory bail ?


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 5 Replies

Adv Deepak Joshi +917017821512 (Advocate)     24 August 2018

Dear querist,

As per my opinion ACB will not be granted as NBW has already issued. Only option is surrender then gets regular bail. That will take time.

Moreover anything can be said after knowing complete material facts of case.

Thanks and Regards

Deepak Joshi & Associates

Djaa.legal@gmail.com

Mb/whatsapp +919456777600

1 Like

K Chakraborty   24 August 2018

chances are less... in spite of that, it's depends on the context of the FIR... tell me what about the injury report? ?

K Chakraborty   24 August 2018

For further details contact 9831167690

TGK REDDI   25 August 2018

I absolutely agree with Shri Deepak Joshi.

Whether an offence is triable by a Judicial Mgistrate of First Class or a Sessions Judge, Anticipatory Bail is out of question once process is issued ( either a summons or a warrant ).

One must surrender before the Trial Court and get a regular bail. 

Dr J C Vashista (Advocate)     25 August 2018

Anticipatory bail can not be granted but surrender to be admitted in bail.


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