Legal Question in Criminal Law in India

whether it is mandatory

whether it is mandatory for the trial court to release an accuse if it rejects regular bail while the accused has already obtained anticipatory bail.


Asked on 9/30/08, 12:02 am

7 Answers from Attorneys

Aniruddha Pawse Aniruddha.P.Pawse Advocates

Re: whether it is mandatory

If anticipatory bail is obtained the accused cannot be arrested.where does the question of his release arises.

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Answered on 10/03/08, 10:44 am
RAJIV GUPTA (Cell: +91 9811284735) [email protected]

Re: whether it is mandatory

yes, it is mandatory to release the accused if he is able to procure the anticipatory bail even though his bail application by trial court has been rejected.

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Answered on 9/30/08, 12:47 am
Shrichand Nahar S.V.Nahar, Advocate

Re: whether it is mandatory

No.

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Answered on 9/30/08, 1:12 am
Shrichand Nahar S.V.Nahar, Advocate

Re: whether it is mandatory

No.

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Answered on 9/30/08, 1:15 am
Sanjay Shah Shah & Shah

Re: whether it is mandatory

Right it is mandatory for the trail court to release an accused on bail.

But if accused fails to give surety to the satisfaction of that court, then the court is not bound by the anticipatory bail.

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Answered on 9/30/08, 6:02 am
Vijay Chandavale Advocate Vijay Chandavale & Associates

Re: whether it is mandatory

it appears u r confused . If anticipatory bail is granted obviously it is to be granted by higher forum and once granted is binding on the trial court till it is setaside or modified

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Answered on 9/30/08, 9:53 am
Sudershan Goel India Law Offices of Sudershan Goel - Advocate

Re: whether it is mandatory

No, on the contrary if the regular bail is rejected, the court cannot release the accused. anticipatory bail is a temporary measure till arrest of the accused; once the accused is arrested and applies for regular bail, his detention will be governred by court order.

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Answered on 9/30/08, 11:20 am


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