Fir in OFFENSE OF 420,120-b anticipatory bail is rejected by session twice 82 crpc is processed by police silently in books 83 crpc is applied matter is of 22 lacs how can i get anticipatory bail and on which ground ? plz help me ?
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Hello,
It is very difficult to tell without reading the file as to on what grounds you will get the anticipatory bail. However, if the proceedings under 82/83 have been started you can go for quashing of the said orders. For more details you will have to share the factual scenario.
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Regards
what are the reasons for rejection of anticpatory bail ?
2) have you absconded ?
3) you would not have been declared a proclaimed offender if you were attending court
4) The procedure laid down under Section 83 has to be followed strictly. Jurisdiction to pass attachment order cannot be assumed unless a proclamation under Section 82 Cr.P.C. has been issued. The normal rule is that the Court has to wait until the expiry of 30 days, to enable the accused to appear in terms of the proclamation.
5) it is better you appear before trial court and seek bail
Dear Concerned,
If the AB has been rejected by the Sessions you should file at the High Court as 22 lacs seems not a big amount chances of getting the AB from HC are higher - subject to the merits of the case and previous pleadings.
You may feel free to contact us for free consulting on the subject.
Best of Luck
You cannot get anticipatory bail if you have been declared as a PO. It has been held by the SC time and again that a PO should not be granted AB. You should surrender and then apply for cancellation of NBW and also PO order.
1. The order AB if refused by sessions court can be applied again in high court.
2. So you can apply for the same in high court.
3.In economic offence like this if youa gree to deposit some of the alleged amount then bail is generally given.
4. Else you will have to wait for submission of charge sheet and then apply for bail on surrender.
The provisions of the referred law is given below:
Proclamation for person absconding.
(1) If any Court has reason to believe (whether after taking evidence or not) that any person against whom a warrant has been issued by it has absconded or is concealing himself so that such warrant cannot be executed, such Court may publish a written proclamation requiring him to appear at a specified place and at a specified time not less than thirty days from the date of publishing such proclamation.
If you apprehend the police trying to take any steps under the above provisions, you may obtain the dismissal order copy and apply for anticipatory bail before the high court and convince the court based on the merits and evidences with you which were not considered while by police while registering the FIR.
