• Bail and anticipatory bail

How hard is it to get bail for Proclaimed Offenders(P.O.) or how can we check if someone is declared Proclaimed Offenders(P.O.) by court online


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Asked 11 months ago in Criminal Law
Religion: Hindu

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18 Answers

Bail depends upon nature of charges leveled in FIR. If charges are genious then anticipatory bail may not be granted. Though PO is a hurdle and court may not grant anticipatory bail. There are supportive judgement hence in Bail there are better chances. Declaration of PO can be ascertained from court only. 

Siddharth Srivastava
Advocate, Delhi
1256 Answers

5.0 on 5.0

Bail cannot be granted by the court if a person has been declared a proclaimed offender. However if he had genuine reasons for being absconding his application may be considered.

It cannot be checked online. Someone has to go to the court.

Rahul Mishra
Advocate, Lucknow
14091 Answers
65 Consultations

5.0 on 5.0

I have seen the fir. It was lodged in the year 2021 under sections 120B [deleted] and 506. Are you the offender or the victim??


In the charge-sheet filed only Rama has been made a party. Rest of the accused have been excluded.

Rahul Mishra
Advocate, Lucknow
14091 Answers
65 Consultations

5.0 on 5.0

PUNJAB AND HARYANA HIGH COURT Before:- S.S. Saron, J. Crl. Misc. No. 40347-M of 2007. D/d. 15.10.2007. Dharmender and another – Petitioners Versus State of Haryana – Respondent:

Section 438 Criminal Procedure Code Anticipatory bail can be granted to the P.O. Criminal Procedure Code, Section 438 – Offence under sections 307, 148 and 427 Indian Penal Code – Petitioners not attributed any specific role in the occurrence – Anticipatory bail allowed to accused even though were absconding and had been declared proclaimed offenders.

 

 

 

 

PUNJAB AND HARYANA HIGH COURT Before:-Mr. Raj Shekhar Attri, J. CRM-M-32723 of 2018. D/d. 29.11.2018. Harbant Singh – Petitioner Versus Yadwinder Singh – Respondent

Criminal Procedure Code, 1973 Sections 82 and 438 Proclaimed Offender – Anticipatory Bail – Petition for grant of – Petitioner was declared proclaimed offender but record transpires that he was not properly served – Period of 30 days had not been expired – Held, proper procedure has not been adopted by Trial Court – Impugned order suffers from infirmity and illegality – Same is not sustainable in eye of law – Petitioner has joined proceedings – As such, order of anticipatory bail is made absolute to conditions – Petition stands allowed.

 

Thus there are various citations stating that the proclaimed offender can apply for anticipatory bail.

 

 

If you have the case number and know the details of the case you can find it yourself through ecourts.gov.in

T Kalaiselvan
Advocate, Vellore
85166 Answers
2222 Consultations

5.0 on 5.0

On the basis of FIR, it will not be possible to get to know about the status, you can contact the local advocate and obtain details 

T Kalaiselvan
Advocate, Vellore
85166 Answers
2222 Consultations

5.0 on 5.0

This has to be checked in the court physically 

Anilesh Tewari
Advocate, New Delhi
18079 Answers
377 Consultations

5.0 on 5.0

Well all these things can be filed in the district court where the trial is going on. Moreover if you have also been made a party then apply for anticipatory bail. Engage a lawyer and find out the current status of the case and act accordingly. The gambling issue is a relevant fact and should be highlighted. Apply for bail of your mother.

Rahul Mishra
Advocate, Lucknow
14091 Answers
65 Consultations

5.0 on 5.0

Your mother has  to make application before trial court for cancellation of non bailable warrant issued against her and for setting aside order declaring her PO

Ajay Sethi
Advocate, Mumbai
94965 Answers
7576 Consultations

5.0 on 5.0

Engage a lawyer practising in court wherein PO was issued 

Ajay Sethi
Advocate, Mumbai
94965 Answers
7576 Consultations

5.0 on 5.0

In your application take the plea that it is false and bogus case filed 

 

that no money was given for investment in business that only Rs 2 lakhs is due and payable 

Ajay Sethi
Advocate, Mumbai
94965 Answers
7576 Consultations

5.0 on 5.0

If case is against you then you seem to have good case subject to allegations in FIR against you. As such there is no allegation. There is no privity of contract nor any obligation upon you to pay. Awareness is not sufficient unless the same is specifically mentioned in writing. Since you are named accused in FIR hence bail is required to be applied for. 

Siddharth Srivastava
Advocate, Delhi
1256 Answers

5.0 on 5.0

Hi sir,
In Reply to your first query, I.e. How to know whether someone is declared a proclaimed offender or not you must note that casually terming someone as a proclaimed offender and declaration of someone as a proclaimed offender is two different things. While a person can be claimed to be a regular offender by general public only on the basis that he/she has been absconding while to fulfill the conditions for later the court has to officially publish about the offender in a newspaper as well as the same should be affixeda a place where it can be publicly read in some conspicuous place of the town or village in which such person ordinarily resides. In short, if you think such publications has not been made in name of your mother and no such a fixation has been done... You can presume that your mother has not been declared a proclaimed offender by the court. 
And in reply to second query, even if your mother is declared a proclaimed offender by the court and for matter even not... You can still move a regular bail and there is no bar to the same. 

For further query you can connect with me and can avail legal services. 

 

 

Aarushi Ajain
Advocate, Jammu
6 Answers

Not rated

Its a discretion of the court

Puneet Thakur
Advocate, Mandi
4 Answers

Not rated

Dear Client,

How to know if someone is declared a proclaimed offender

  • A proclaimed offender is someone who has been accused of a crime and has absconded.
  • The court can declare someone a proclaimed offender if they believe that the person is intentionally avoiding the legal process.
  • The court will publish a proclamation in a newspaper and in a public place in the area where the person is believed to reside.
  • If you are not sure if someone has been declared a proclaimed offender, you can check the court records or contact the police.

Can you still move a regular bail if your mother is declared a proclaimed offender?

  • Yes, you can still move a regular bail even if your mother is declared a proclaimed offender.
  • The court will consider all the factors in the case, including the seriousness of the offense, the likelihood of your mother appearing for trial, and the strength of the evidence against her.
  • If the court grants bail, your mother will be released from custody pending her trial.

 

Anik Miu
Advocate, Bangalore
9028 Answers
110 Consultations

4.7 on 5.0

No case of cheating made out. Dispute civil in nature.

Yogendra Singh Rajawat
Advocate, Jaipur
22671 Answers
31 Consultations

4.4 on 5.0

What is the opinion are you seeking from this forum by narrating a long story here. 

If at all there's a FIR pending against you,  better obtain AB and then challenge the case properly in the trial court on merits and documentary evidences in your possession. 

T Kalaiselvan
Advocate, Vellore
85166 Answers
2222 Consultations

5.0 on 5.0

- If your mother has taken amount on loan and not refunding the same , then it not constitute a criminal offence , and for the recovery of the amount a civil suit is maintainable. 

- Further, if that FIR is for the offence of Cheatem and threatening etch, then also the opposite party/ complainant will have to prove that how these happened , and what steps she has taken for the recovery of the amount .

- This is a fit case of quashing and getting anticipatory bail.

- However, if the accused is declared P.O. by the court , then an application for anticipatory bail is not maintainable , and the accused has to approach the same court for cancelling the same. 

- You can enquire from the court with the help of any local lawyer for knowing the order in the case and for P.O. 

Mohammed Shahzad
Advocate, Delhi
13377 Answers
199 Consultations

5.0 on 5.0

You can contest the false case if any filed again you.

Prashant Nayak
Advocate, Mumbai
32093 Answers
183 Consultations

4.1 on 5.0

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