Mahesh Yadav 30 July 2022
FIR has been filed against me of 420, 406 & 34 as i received 41a notice on whatsapp. I had applied for Interim anticipatory bail but magistrate issued a notice to police and given date of 8th August. After police statement, decision will be taken for anticipatory bail. Tomorrow court will deliver notice to Police station. So police can arrest me or i can show bail application and bail number. Please help.
anubhav Bhatt 30 July 2022
Advocate Bhartesh goyal (advocate) 30 July 2022
Police has power to arrest you even if not satisfied to reply of notice u/sec 41 Cr.P.C and your anticipatory bail is pending .
Shubham Bhardwaj (Advocate) 30 July 2022
Dear Mr Yadav,
Yes, the police is well within its rights to arrest you even if you have filed application for anticipatory bail if no interim protection has been graned by the Court. The applicant must not be apprehended because that would make the anticipatory bail application infructuous and a regular bail application will have to be filed. So, stay put until the matter comes up for hearing and interim is granted.
Regards
Shubham Bhardwaj (Advocate)
District & Session Court, Chandigarh
Punjab & Haryana High Court, Chandigarh
Disclaimer: - Opinion is only for guidance.
shahebaaz khan 01 January 2023
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