• Anticipatory bail for a person for whom red corner notice is issued

Respected sir, 
Need to know is it possible that session court may give anticipatory bail to a person who has been issued Red corner notice and is absconding since last 4 years...Is it possible? As this has happened recently...Still waiting for the order copy to take further action...This is a 498A case against NRI groom..
Asked 4 years ago in Family Law
Religion: Hindu

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17 Answers

Even if you apply for AB, it is bound to be rejected.

You are advised to obtain a regular bail.

Vibhanshu Srivastava
Advocate, New Delhi
9350 Answers
219 Consultations

5.0 on 5.0

Hello,

If it is 498A case then there might be a chance the AB is given if it is rejected then move to the H.C. and get the direction that the AB is issued and if not then the same day bail order be granted.

Do not take the law further in you hand, take the ground that the notices and the summons were not served upon properly or some other viable reason.

Contact a local lawyer with the copy of the FIR.

Regards

Anilesh Tewari
Advocate, New Delhi
17870 Answers
344 Consultations

5.0 on 5.0

Hi , granting of bail depends upon the circumstances of case and also the character of person , whether he has a previous criminal record or not .. In what case has he been absconding previously ??? Kindly elaborate

Hemant Chaudhary
Advocate, Gurgaon
4617 Answers
55 Consultations

4.9 on 5.0

You may please take note of the fact that BAIL IS A RULE AND JAIL IS AN EXCEPTION and the Indian Legal System has been working on this legal principle.

You may note that you can move for cancellation of bail under section 439(2) only when the conditions of the bail are flouted with.

I would not advise you to go further to the HC for getting the bail order quashed that since the person has been absconding since 4 years therefore the bail can not be granted.

I hope you understand the complexity of Law.

Regards

Anilesh Tewari
Advocate, New Delhi
17870 Answers
344 Consultations

5.0 on 5.0

See sir as told you already it will be difficult for you to get the bail cancelled, still if you want to go for it an application is to be filed before the High Court under section 439(2) for cancellation of the bail on the ground that the person will misuse the liberty of the bail and the bail has been granted by the court mechanically.

Let me know if I can be of further help.

Regards

Anilesh Tewari
Advocate, New Delhi
17870 Answers
344 Consultations

5.0 on 5.0

1) sessions court would be reluctant to grant anticipatory bail to accused absconding for 4 years and against whom red corner notice is issued

Ajay Sethi
Advocate, Mumbai
84936 Answers
5617 Consultations

5.0 on 5.0

Obtain certified copy of order passed by sessions court granting AB

2) it is only on perusal of order can. We advise you further

3) you are at liberty to challenge order granting AB before the HC

Ajay Sethi
Advocate, Mumbai
84936 Answers
5617 Consultations

5.0 on 5.0

An accused against whom non bailable warrants have been issued who has been absconding for 4 years , against whom red corner notice has been issued would not ordinarily be released on AB

It is necessary to peruse order passed by sessions court to advice

Ajay Sethi
Advocate, Mumbai
84936 Answers
5617 Consultations

5.0 on 5.0

Hi

Take the certified copy of the bail order from the session court and appeal against the bail in the High Court mentioning the grounds that he have been charged under non bailable offences and have been absconding Since 4 years so he is not a person with clean hands in front of court and his bail should be cancelled as he can harm you or effect you in the case proceedings by using his status and money you need to be present in the court room at the time when your lawyer is opposing his bail and see these things in front of the judge that if he is released on bail he could harm you or pressurise you to withdraw your complaints so his bail me please be cancelled.

Thank You

Rahul Jatain
Advocate, Rohtak
5365 Answers
4 Consultations

4.8 on 5.0

You have brought to notice to court that if he gets bail he won't come to court as he absconded for 4 years previously so bail may be cancelled

P V Reddy
Advocate, Hyderabad
422 Answers
3 Consultations

4.2 on 5.0

1. This is very much possible. The Sessions Court does in appropriate cases grant anticipatory bail to even a person against whom a RCN is issued.

2. The complainant or the prosecution can though challenge in the High Court the grant of anticipatory bail by the sessions court.

Ashish Davessar
Advocate, Jaipur
30752 Answers
923 Consultations

5.0 on 5.0

1. Without reading the FIR and the order of the sessions court nothing can be said.

2. Consult a lawyer with a copy of the order,

Ashish Davessar
Advocate, Jaipur
30752 Answers
923 Consultations

5.0 on 5.0

1. If the accused had been evading the summons since long then ordinarily the concession of AB should not have been granted, but everything boils down to the facts and circumstances of the case.

2. The HC can quash the order of the sessions court.

Ashish Davessar
Advocate, Jaipur
30752 Answers
923 Consultations

5.0 on 5.0

A red corner notice should satisfy:

The 'A' series notices also known as 'Wanted notices' are published in respect of offenders wanted at international level. This type of notice invariably ask that the subject may be arrested, at least in certain countries, with a view to subsequent extradition to the country where he is wanted.

The publication of an 'A' series notice should only be requested if all the following conditions are fulfilled:

- The person against whom the notice is to be published has committed an offence against ordinary criminal law.

- The offence is an "extraditable offence" under the Indian Extradition Act, 1962.

- A warrant of arrest has been issued for his/her arrest.

- Extradition will be requested, at least from certain countries.

If any of the above conditions is not satisfied, a 'B' series notice should probably be requested.

If a person whether an Indian or a foreigner has committed an offence in India and is subsequently believed to have absconded to a foreign country, a request can be made by the concerned police authorities etc. to the Interpol Wing of the CBI for publication of an 'A' series (red) notice against that person provided all the conditions are satisfied. At the time of making such a request efforts should be made to furnish maximum information.

Hence you confirm if it is really a red corner notice or just a look out circular.

However if there is a non-bailable warrant pending, then a petition to recall the warrant has to be filed but for that the accused has to to surrender before the concerned court, without this AB cannot be allowed by the court.

T Kalaiselvan
Advocate, Vellore
75050 Answers
1263 Consultations

5.0 on 5.0

Bail has been granted by the session court.. And the entire case file is moving to the CBI as asked ...And suddenly the lower court granted bail to the accused who has been absconding since last 4 years...Although me being the complainant will be moving further to HC...Need to know on wht grounds is it possible and what I should do further...

If the trial court has granted bail then nothing can be done on it.

By the way where and how is CBI involved in the matrimonial criminal disputes?

What is the reason that you wanted to move high court, are you opposing the bail and if so, what is the reason that you oppose granting bail to him?

The high court will not entertain any such application seeking cancellation of bail if there is no substance in your application conforming the provisions of law.

T Kalaiselvan
Advocate, Vellore
75050 Answers
1263 Consultations

5.0 on 5.0

He is charged under section 498A, 377 ..Police tried sending notices to him in Germany but no response...

But the complainant lawyer has submitted all required things for not granting bail...As red corner notice and non bailable Warrent has already been issued against the accuse ....We waiting fr the order copy...What further step can be taken to get the bail rejected..

From your contents it can be observed that there is no reason for the complainant to object the accused to be enlarged on bail.

The police has filed the charge sheet and obtained NBW for non-appearance.

The accused has obtained bail applying proper provisions of law, hence ther is no ground left in this to oppose the bail especially when the bail has already been granted.

The bail cannot be cancelled for any flimsy reason other than the accused not complying with the conditions imposed by the court granting him bail.

T Kalaiselvan
Advocate, Vellore
75050 Answers
1263 Consultations

5.0 on 5.0

Move application for cancellation of bail stating all valid legal grounds.

Rajesh Kumar
Advocate, Ludhiana
119 Answers
1 Consultation

4.3 on 5.0

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