Anticipatory Bail and Quash in IPC 376 and 315; Rape and abortion
5 years ago
1 - For Anticipatory Bail in IPC 376 and 315; Rape and abortion; we should go directly to High Court or first to Sessions Court / Lower Court ?
2 - Can we do Anticipatory Bail and Quash together in High Court ? Or one by one ?
3 - Usually how many days it takes for Anticipatory Bail in High Court ? How many hearings ?
4 - What are the chances of Anticipatory Bail in High Court in in IPC 376 and 315; Rape and abortion; will chances increase if we employ a very senior famous Lawyer ?
Sanjay Kumar Jha
Responded 5 years ago
A.Dear Client,
Firstly you should move for Anticipatory Bail to safe guard from being arrested, Yes there is no bar for filing together at High Court. But for filing Anticipatory Bail petition you will have to file at session court/ Lower court. Get it rejected order and then move to file at High court.
The Time frame can not be given however , within a Week from lower Court, and thereafter as per cause list Sr. no. and per day hearing of by the concerned court.
Pls. consult for the same , if you have not engaged any one .
Firstly you should move for Anticipatory Bail to safe guard from being arrested, Yes there is no bar for filing together at High Court. But for filing Anticipatory Bail petition you will have to file at session court/ Lower court. Get it rejected order and then move to file at High court.
The Time frame can not be given however , within a Week from lower Court, and thereafter as per cause list Sr. no. and per day hearing of by the concerned court.
Pls. consult for the same , if you have not engaged any one .
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A.Dear Sir,
I would like to answer your questions as follows:
1.For Anticipatory Bail under 438 Cr.P.C,1973 first you need to move Sessions Court and after Rejection, next step is High Court.
2.First Anticipatory Bail and next is the second one.
3.It depends on the State you belong to and the work load of the Hon'ble High Court.After registering the case in the High Court you will get a number which can be seen in the website of the concerned High Court and Anticipatory bail will come serially.No question of jumping the Q.Hope you get my point.
4.It is not predicting like weather in India.You have to convice the Juge and he/she may call for the CD.Then only decision can be taken.
Shanti Ranjan Behera
Advocate
I would like to answer your questions as follows:
1.For Anticipatory Bail under 438 Cr.P.C,1973 first you need to move Sessions Court and after Rejection, next step is High Court.
2.First Anticipatory Bail and next is the second one.
3.It depends on the State you belong to and the work load of the Hon'ble High Court.After registering the case in the High Court you will get a number which can be seen in the website of the concerned High Court and Anticipatory bail will come serially.No question of jumping the Q.Hope you get my point.
4.It is not predicting like weather in India.You have to convice the Juge and he/she may call for the CD.Then only decision can be taken.
Shanti Ranjan Behera
Advocate
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A.You may go 2 High Court but if it failed then you cannot come to sessions court it is better to go to sessions court at first instance the fee and adjournments depends upon profile of the Advocate usually on the ground of consensual sex it will be allowed
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