• Anticipatory bail

a fir was lodged against me for 498a,406 case.i applied for AB in session court.but the court had postponed my AB hearing for 10 days stating that police IO  has not prepared and presented the file.what shall I do nw?shall I approach hc?my wife is at her parental home since last 8mnths.can I be arrested during this period?how to avoid tht .....
Asked 2 years ago in Criminal Law from Amritsar, Punjab
if your anticipatory bail is pending, the police can arrest you until the bail is granted to you by the sessions court. Even if you move the high court seeking anticipatory bail whilst your bail application is pending consideration, the court will not entertain it until and unless extraordinary circumstances exists. Do not surrender before the court until the AB is decided.
Shaveta Chaudhary (Sanghi)
Advocate, Chandigarh
821 Answers
60 Consultations
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Hi
1. Stay away from arrest till you get the order in anticipatory bail.10 days is along time ,meanwhile police may finish with their investigation , if so you need to avoid arrest by staying away from police eye is necessaryand surrender to the police only when you get the anticipatory bail.
2. There is no reason court refuse bail in normal situation in 498A, other than physical assault or nay other serious issue.
3. You cannot move an application in High court without sessions court order of rejecting your bail.
Thresiamma G. Mathew
Advocate, Mumbai
1316 Answers
85 Consultations
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1. This is the common problem faced by the bail seekers,

2. On the next date of hearing let your advocate pray for order for personal presence of the I.O. It will create pressure on him for which he will send the case diary,

3. If the C.D. does not come within one month, the AB petition filed by you will be rejected and you shall have to file it afresh,

4. Try to contact the I.O. who would expect to be pleased by you, to send the C.D. on the next date of hearing,

5. Finally, do not worry for the arrest since as per the latest Supreme court Order, police can not arrest 498A accused without making proper investigation.
Krishna Kishore Ganguly
Advocate, Kolkata
12131 Answers
233 Consultations
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Until and unless the AB od disposed of by the sessions court , you can not file another AB in high court.
Another option is to withdraw the AB from sessions court and file it in High Court afresh.
Devajyoti Barman
Advocate, Kolkata
5239 Answers
54 Consultations
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1. Until and unless anticipatory bail is granted the accused can be arrest at any moment. The mere filing of anticipatory bail does not curtail the powers of police to arrest the accused. The clouds of arrest dissipate only when the court grants anticipatory bail. 

2. In view of the fact that the hearing has been adjourned for 10 days you may withdraw the instant bail petition from the Sessions court and file it in the High Court. Simultaneously you may ask the Sessions court to prepone the hearing as you run the risk of being arrested, but this request may turn out to be futile.
Ashish Davessar
Advocate, Jaipur
18167 Answers
449 Consultations
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Dear Querist
If the session court grant any stay on arrest till the final disposal of the bail then no need to worry the police can not arrest you. 

But if there is no stay on arrest then you should not be appear before police or court personally.  The  police may arrest you.
Nadeem Qureshi
Advocate, New Delhi
3537 Answers
130 Consultations
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Please wait for police report. Normally the police do not arrest because your application is pending. The mere filing of anticipatory bail does not curtail the powers of police to arrest the accused but they respect the court and take a linen views. If your Anticipatory bail application is rejected then you file Anticipatory bail application before high court. 
When you file the application before the high court also seeking police CD and report.

As per latest Supreme Court rulings, police can not arrest 498A accused without making proper investigation.
Ajay N S
Advocate, Ernakulam
1916 Answers
19 Consultations
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