Appeal in the high for anticipatory bail
28-Jul-2023 (In Criminal Law)
Good afternoon sir, in the year 2016 june 9 the police has registered an FIR u/s.7and 9 of the prevetion of corruption act and IPC-34and171(b) the same time we had taken anticipatory bail and the case is pending in the court but again the another police station of another jurisdiction has registered the case again on 27th july 2017,in the same person and sections also same as registered in the 2016 and sections also same but the crime number is different their contention is that the jurisdiction is different. so now we have to take again anticipatory bain in FIR 27/07/2017.or not, because previous bail we have weather that bail is valid in the FIR registered on 27/07/2017,or we have to take new bail,weather we can go for high court what is the procedure please let me know sir.
If both the FIRs arise out of the same incident, the second FIR is not maintainable. There cant be two investigations for same offence. For practical purposes anticipatory bail must be sought, till the time second FIR is in force. You must challenge the second FIR on legal grounds.
If the second FIR is registered on the same facts, then instead of filing anicipatory bail, file a petition before High court for quashing of second for with interim prayer for stay of investigation otherwise file bail application if facts are not same
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