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Accused was granted Anticipatory Bail by Delhi High Court in IPC 376 case and appeared for investigation by Police. Thereafter, Police filed charge sheet and accused has been appearing in all the court hearings till date. Accused got executed bail bond from MM court but didn’t file an Application for Regular Bail at the court of MM. Now, the case is in Sessions Court and accused filed an Application for Regular Bail u/s 439 CrPC, while accused has never been into Jail. Now, sessions court is confused on the below aspect: a) How to grant regular bail when the accused is already out of custody. b) Whether to accept the application filed u/s 439 to grant accused regular bail or not? Please advise. c) Anticipatory Bail granted by Delhi High Court stands valid till the conclusion of the case Or is it valid only till the chargesheet is filed by the Police?

A. Session Court has to cancel Anticipatory Bail after a petition by Police. Session court or HC can do this. Once this is done, Police can arrest. After Arrest, he can get Bail !!
Without Arrest, no requirement of 439. so Application is not even required
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Our criminal case has now already been closed by Lower District Court as "close the file" but our old anticipatory bail plea for same case is till pending in HC, should we do anything with the anticipatory bail plea now ? Since case has already been closed by Lower District Court Judge. Or anticipatory bail plea is now void since case has been closed. We checked online and there is a next hearing date for anticipatory bail plea in HC now. Please advise in detail !

A. Dear Sir,
It is better ask your advocate to file a Memo in High Court and get the case closed.
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Rameshwar  Dadhe
Rameshwar Dadhe Experience: 3 Year(s) Aurangabad
Abhimanyu  Shandilya
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Sanjay Kumar Jha
Sanjay Kumar Jha Experience: 17 Year(s) Patna
Case filed by the bank under Sec.406 408, 409 & 420. Upto 2017 I have attended all the hearings and 90% of the case has been completed. From July 2017 I could not attend the court due to health issues. Moreover I am staying in Chennai. Due to this, my case got split into two and A2 got acquitted four months back. Present status of my case shows ÇASE DISPOSED, TRANSFERRED TO ESTABLISHMENT". WILL I LOSE MY SURETY AMOUNT SINCE I AM NOT ATTENDING THE COURT. PLEASE GIVE YOUR OPINION

A. 1. you might have been declared proclaimed Offender by the trial court after forfeiting your personal bonds,
2. another FIR under section 174A might have been lodged or may ladged against you,
3. go and face the trial before it's too late
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Naj J

Posted 1 month ago

Is the mou ( momedurm of understanding between two parties) is legal documents to file a case against opposite party for cheating

A. Dear Sir,
Yes, it is legal to proceed and initiate civil and criminal proceedings.
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Suneel  Moudgil
Suneel Moudgil Experience: 15 Year(s) Panipat
Rameshwar  Dadhe
Rameshwar Dadhe Experience: 3 Year(s) Aurangabad
J S  Pawar
J S Pawar Experience: 3 Year(s) Mumbai
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Anonymous

Posted 1 month ago

Isbit possible to get a bail 14 days of detention in police custody for a person who is accused under 376/511?

A. On seeing the gravity of offence and the period of detention in police custody, it seems very unlikely to get bail here. However, on the lapse of some more days, and utilisation of skill by the lawyer, it may be possible afterwards.
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Kishan Dutt Kalaskar Retired Judge
Kishan Dutt Kalaskar Retired Judge Experience: 33 Year(s) Bangalore
Shreyash  Mohta
Shreyash Mohta Experience: 1 Year(s) Kolkata
Suneel  Moudgil
Suneel Moudgil Experience: 15 Year(s) Panipat
Namaste sir sum people are touching & blackmailing me & my family after the death of my father. stating that my father has not paid their money.but we don't have any knowledge about there transactions. Plz suggests me what to do?

A. Lodge a complaint with the police.
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Kishan Dutt Kalaskar Retired Judge
Kishan Dutt Kalaskar Retired Judge Experience: 33 Year(s) Bangalore
Tabassum  Sultana
Tabassum Sultana Experience: 4 Year(s) Bangalore
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Suneel Moudgil Experience: 15 Year(s) Panipat
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Babli Debnath

Posted 1 month ago

My Husband use to abuse me regularly physically and mentally. He is involved with various types of illegal works. Like making of duplicate government documents. I have informed the matter to the PA of our Honourable Chief Minister, DIG Crime Branch. But nobody is helping me. I am from Sunroom of South Tripura District.

A. File cases of
498A and Section 12 DV Act
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Kishan Dutt Kalaskar Retired Judge
Kishan Dutt Kalaskar Retired Judge Experience: 33 Year(s) Bangalore
Tabassum  Sultana
Tabassum Sultana Experience: 4 Year(s) Bangalore
Randheer  Bahadur
Randheer Bahadur Experience: 3 Year(s) Lucknow
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Anonymous

Posted 2 months ago

how much time high court will take to give hearing date after submit bail application

A. Dear Shreyash,

Section 436, 437, 438 of CrPC speaks about bails in Bailable, Non Bailable offences.
If anticipatory Bail in court of session or in HC mostly in a week we can get it onto bench but again subject to factors that how well your advocate manages in check up putup.

Even one consider Quash petition in High court if there is no prima facie case in the charge sheet or FIR

All the best
S. Thulasiram
Advocate
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Shreyash  Mohta
Shreyash Mohta Experience: 1 Year(s) Kolkata
Kishan Dutt Kalaskar Retired Judge
Kishan Dutt Kalaskar Retired Judge Experience: 33 Year(s) Bangalore
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Suneel Moudgil Experience: 15 Year(s) Panipat
Can an accused get copy of police diary through High court after charge sheet filed

A. Apply for certified copy.
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Rameshwar  Dadhe
Rameshwar Dadhe Experience: 3 Year(s) Aurangabad
Sanjay Kumar Jha
Sanjay Kumar Jha Experience: 17 Year(s) Patna
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sk akash

Posted 2 months ago

a false gr case going on my father name.It registration year is 2017.can they include my name in the stage of evidence.

A. Hello
Please do share complete Facts.
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Shreyash  Mohta
Shreyash Mohta Experience: 1 Year(s) Kolkata
Rameshwar  Dadhe
Rameshwar Dadhe Experience: 3 Year(s) Aurangabad
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