The court has issued summons(section 60) to a banker to answer to a charge of an offence punishable under sec 120 B ,420,467,468,471 & 13(1)(d) r/w 13(2) pc act.in the complaint filed by the CBI. in this reference we want following clarification 1. Is it necessery to go in for Anticipatory Bail. or it is sufficient to go in for regular bail under section 437. 2.what are the chances of bail being granted or refused under the above two options. 3.what precaution is required at bankers end.
First answer received in 30 minutes.
Lawyers are available now to answer your questions.
1. Better you go for AB as if your application u/s 437 crpc is rejected you may be taken into custody by court. This applies to police case. Your case appears to be complaint case in which you will get bail on surrender very easily and there is no need for AB at all.
2. Without knowing the case history it is difficult to advise on merit of bail petition if it is police case. In complaint case you will get bail as a matter of course.
3. Nothing
1. You should always go for anticipatory bail first,
2. The chances depend on the gravity of the case and your prima facies established involvement,
3.Engage an experienced lawyer having expertise in this field and also rapport with the CBI Advocate.
1. Is it necessery to go in for Anticipatory Bail. or it is sufficient to go in for regular bail under section 437.
It is always advisable to to obtain anticipatory bail because it will not be possible to get regular bail without surrendering before court or police.
2.what are the chances of bail being granted or refused under the above two options.
It depends on the nature of the case and arguments put forth by the advocate of the petitioner convincing the court seeking anticipatory bail.
3.what precaution is required at bankers end.
First obtain aB and then challenge the case before the trial court on the basis of merits on his side.
1. If you do not go for anticipatory bail then you may be sent to custody. It is theoretical to even conceive that one would be safe applying for regular bail, which is likely to be rejected, if these are charges.
2. The chances depend on the merits of the case. The only precaution requires is to apply for anticipatory bail at the earliest.
Anticipatory bail is better choice other than regular bail. The section imposed against you is comes under non bailable offences. More over the complaint has raised by CBI. The granting bail depends up on the circumstances and nature of the case.Engage an experienced lawyer having expertise in this field
1) better apply for anticipatory bail
2) chances of bail would depend upon the allegations made in complaint filed by CBI
