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Raman (student)     13 September 2012

Whether our regular bail application can rejected by police?

Sir, we have been given A.B( for limited duartion) on 498-A/406 sections by the session court with condition that we join the investigation and will return all the artilces to the IO and during the  period we have to apply for regulat bail before the area magistrate
We have returned all the artilces and now the police is calling for arrest and bail with surities
Now we ant to first apply for regular bail before Area magistrate as per the order and there is nothing in order of session court that we should apply for bail before police
Now my query is that
whether we have to get two bails one from police and one from Magistrate after getting A.B?
Whether its will going to harm if we staright way go the rea magistare for regular bail rather than visting to police for bail??
Whether police will oppose our regular bail if we straight way go the magistrate??



Learning

 3 Replies

Ashish Singla 098140 76600 (Cheque Victim's Lawyer. LUDHIANA (PB))     13 September 2012

Hi ,

Police does not have the power to bail in these sections . 

When you have AB than how you can apply for Regular Bail , because this type of bail is possible only after arrest .

 You well joined the investigation and police quaries and returned articles according to court instructions , you have valid ground to apply with the session court to extend or for permanent ( till the charge is not framed ) the period of your AB. You can produce all the documents ( join report to investigation , return articles reciept etc ) . I feel you will get extention in you present AB. 

Raman (student)     13 September 2012

Sir, Thanks for reply

"As per the order of the session court we have been given Anticipatory bail for limited duration of 60 days with condition that we return all articles and join investigation at earliest and during the period we also have to apply for regular bail before area magistrate"

Now the  police is calling us bail from police station. But we want to apply bail before area magitrate in order to comply the order..Now my query is when we are ready for regular bail before magistrate why the police is calling for bail from police station?

Ashish Singla 098140 76600 (Cheque Victim's Lawyer. LUDHIANA (PB))     14 September 2012

I told you earlier that these sections are to be deal by session court only , how police can interfear in it on account of bail , they will just arrest you by using trick , if your 60 days has passed than you just go to session court as you were told earlier.


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