• AB is rejected by session court in 406/420, what to do

Dear sir, 
There is been a case of 406/420 filed in the name of my family member. The police has been working under influence of opposition party. They issued an arrest warent against him. We had filed anticipatory bail to sesson court, that was rejected by court as on 16/5 /2016. Our lawyer told us that now we have 15 days to make application to high court and police will not arrest him during this period, but police has been visited and searched our home yesterday. Actually the fir has been lodged in haryana and we belongs to m.p., we want to co-operate with police but seems they have been speaking the opposition words. That's why we want the hedge of bail. My question is that if we apply to high court , is there any provision to provide stay on arrest at the time of filing of application, as the summer vacation for hc is just to start and hc may give a date of 1 or 2 months from filings date.
Asked 7 months ago in Criminal Law from Bhopal, Madhya Pradesh
Religion: Hindu
Police can arrest as soon as the bail is rejected by the sessions court. It is not bound to wait for a minute. Move the HC immediately which can stay the arrest on the very first hearing. The bail petitions are taken up for hearing even during the vacation.
Ashish Davessar
Advocate, Jaipur
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1) apply to HC for AB as sessions court has rejected your application

2) HC can grant stay of your arrest pending disposal of your AB
Ajay Sethi
Advocate, Mumbai
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You can search in this website for lawyers from Chandigarh 
Ajay Sethi
Advocate, Mumbai
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1224 Consultations
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 My question is that if we apply to high court , is there any provision to provide stay on arrest at the time of filing of application, as the summer vacation for hc is just to start and hc may give a date of 1 or 2 months from filings date.

If the anticipatory bail application was dismissed by the sessions court then there is no such thing that you have to wait for 15 days to file a similar application before high court. You could have filed it immediately on the next day itself.  Your advocate has misinformed that the police shall not make arrest in another 15 days.  The police can arrest if there is not stay for arrest or anticipatory bail granted.  Further bail applications are heard once in a week by the criminal side of high court during vacation, so first file an application seeking AB and then be relaxed.  Before that change your advocate.
T Kalaiselvan
Advocate, Vellore
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Would anyone please suggest a good lawyer of chandigarh high court regarding this case.

There is no dearth for good lawyers in Chandigarh, however you can engage a lawyer from other place also to file AB for you at Chandigarh high court.
T Kalaiselvan
Advocate, Vellore
14151 Answers
127 Consultations
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Hi
The summer vacation of Chandigarh High court is from June 5th to June 30th. 
However you can apply for bail between now and June 1 and get the case listed before June 3rd.
Also during summer vacation, the courts will work on 2 days a week and you can also ask your advocate to approach the vacation court for grant of bail or at least a stay from arrest till the matter is listed after vacation. 
Normally bail petitions are heard within 1 day or max 2 days. it does not take months. 
Also in your query you have stated that case has been filed under 406 and 420. Need to see the copy of the FIR. The reason is police has the habit of converting civil disputes in to criminal cases and harass the party. If there is an element of civil dispute and police have made a civil dispute in to criminal case,you can also get the criminal case quashed in the high court (after summer vacation) 
Hope this helps.
Rajgopalan Sripathi
Advocate, Hyderabad
873 Answers
43 Consultations
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