Anoop Anoop

2 years ago

My father in law threatened to put me in jail on 1/7/21.The next day, I applied for anticipatory bail .My case is getting repeatedly posted to another date, as police has not yet provided case diary to the court. Now, my case is posted to 3/8/21.Also,the police has told me to come to police station on 29/7/21.My query is whether the police can arrest me, when my anticipatory bail application is pending in court? Kindly reply

Ayantika Mondal @ Prime Legal

Responded 2 years ago

A.Dear Sir/ Madam,
Normally when an anticipatory bail application is pending the police will not arrest the accused. But mind that there is no provision in law to support this. So please take care until the petition is disposed of by the concerned court.
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Kishan Dutt Kalaskar

Responded 2 years ago

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A.Dear Sir,
Normally, when matter is seized by the Court there is no chance of arrest and putting you behind the bars. However, it is better to avoid approaching the police during the pendency of anticipatory bail. Ask your advocate to expedite the matter.

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Anik

Responded 2 years ago

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A.Dear Sir/ Madam
Pending the application for anticipatory bail, the court may issue an interim order of bail as dealt with in Section 438(1) substituted by Act 25/2005. If the court rejects the accused's plea for interim bail or his application for anticipatory bail, the police are free to arrest him without a warrant.
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