icon Anticipatory bail on the ground of parity.

Provision for anticipatory bail through High court on the ground of parity. Can an accused may file anticipatory bail himself.


A. Dear Sir,
The provision is as follows:

Section 438(1) in The Code Of Criminal Procedure, 1973
(1) When any person has reason to believe that he may be arrested on an accusation of having committed a non- bailable offence, he may apply to the High Court or the Court of Session for a direction under this section; and that Court may, if it thinks fit, direct that in the event of such arrest, he shall be released on bail.

You cannot claim as of right on the ground of parity but it is discretionary ...ReadMore

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Ayantika Mondal @ Prime Legal

Ayantika Mondal @ Prime Legal

Lucem  Leg

Lucem Leg

icon What is Bail

What is a bail? What is anticipatory bail? How do I get a bail? How much I have to pay for a bail? Is that amount refundable? Can I take bail in advance if I know somebody is going to take a legal act


A. Bail is a release of person who is accused of any offence whether bailable or non bailable offence in which the trial is pending before the court and the judgement is yet to be pronounced.
Anticipatory Bail :
Under Section 438 CRPC, if any person has reason to believe that he/she may be arrested for any non-bailable offence, he/she may apply to Sessions court or High court for anticipatory bail praying that in the event of arrest, he/she shall be released on bail. The amount of security is deci ...ReadMore

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Ayantika Mondal @ Prime Legal

Ayantika Mondal @ Prime Legal

icon Anoop

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


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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Latest Response 2 years ago
Ayantika Mondal @ Prime Legal

Ayantika Mondal @ Prime Legal

icon Sc ST

Hai Sir / Mam My opposite flat resident having issue with my dog.where my dog passed minor drops of urine at his car tyre.he was shouting on this issue at lift with my brother saying I will file case


A. Hi,
Just explain to the authorities about the facts.

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Ayantika Mondal @ Prime Legal

Ayantika Mondal @ Prime Legal

icon anticipatory bail accepted. want to fly outside india

anticipatory bail accepted. want to fly outside india. Court said to take prior permission if want to leave india. what is the process?


A. Dear Sir,
Again file application before the same court to get such permission by citing valid reasons.

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Ankur Goel @ Complete Law Shield

Ankur Goel @ Complete Law Shield

Ayantika Mondal @ Prime Legal

Ayantika Mondal @ Prime Legal

icon What next after getting anticipatory bail and signing MOU in session for FIR 498A498a

My brother got anticipatory bail after signing MOU with his wife in session court for FIR 498A there is no chargesheet filed she has given certain cash amt without anything in writing as per lawyer's


A. First of all, You have to understand legal procedure. Even if your brother has signed MOU with his wife and ready to settle down all matters you all have to go through with all legal proceeding. without chargesheet this 498-A criminal proceeding will not be closed. So let concerned police officer file Chargsheet then your case disposed off as early as possible if courts and witness support in this case. You cannot skip this legal procedure in order to close this matter.

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Latest Response 2 years ago
Adv. Vitthal  Pangare

Adv. Vitthal Pangare

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Ankur Goel @ Complete Law Shield

Ankur Goel @ Complete Law Shield

Sidhaarth  S

Sidhaarth S

icon Bail

My interim bail is discarded in session district court , I am charged with ipc 313, 498A, will I get arrested without any notification,my advocate advised me that u should displace from your home ,my


A. Yes, you can get arrested without any notification, But YOU CAN GET YOUR BAIL APPLICATION REAPPLIED.. Your presentation is NOT made properly.

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ADV. ANISH PALKAR (High Court)

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Sidhaarth  S

Sidhaarth S

Ayantika Mondal @ Prime Legal

Ayantika Mondal @ Prime Legal