Anticipatory Bail Got Refused By Judge, what to do

Question

Anticipatory Bail Got Refused By Judge, what to do

04-Oct-2023 (In Criminal Law)

Last week i posted a query that my father is working in school from 25 years and he has charged under ipc 354,354a and Posco act.. we have appealed for anticipatory bail after compromise between both parties.. but judge refused our bail.. now we have appealed for quashing in high court? Does refusal of anticipatory bail affect the quashing?? What should we do now?? On first hearing if anticipatory bail judge told us to appeal for quashing after that we have applied for quashing and on.2nd hearing judged refused our bail??

Answers (4)

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Adv. Pankaj Chauhan Adv. Pankaj Chauhan

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Advocate Raj Kumar Mahay LawRato · Accepted Answer · 2017-10-05T19:18:20+05:30

Answer #2

that if the compromise has been affected, then refusal of anticipatory bail cannot make any affect on the petition for quashing the FIR. the Hon'ble High Court firstly ordered the Ld. Trial Court to record the statement of the parties of the case for checking the authenticity of the compromise. The Ld. Trial Court after recording the statement of the parties submit its report before the Hon'ble High Court and thereafter Hon'ble High Court will quash the FIR

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Adv. Raj Kumar Mahay Adv. Raj Kumar Mahay

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Advocate Harminder Syal LawRato · Accepted Answer · 2017-10-06T00:04:11+05:30

Answer #3

Actually dismissal of bail in no way affects quashing petition. But in cases of the nature u are referring to , courts generally do not take liberal view. In fact every criminal case has to be weighed in the light of its peculiar facts. It is too early for the court to quash the FIR . It will issue notice to complainant before hearing on merits. It is time consuming process and till then u have apprehension of arrest. So in my opinion best possible way out is to file inquiry with higher police officials and get directions for I O not to arrest accuaed. Also mention about compromise . In this case, cancellation of FIR by police is a good option. For flawless advise contents of FIR are to be known. Hope this will serve ur purpose.

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Advocate Nidhi Sharma LawRato · Accepted Answer · 2017-10-06T15:48:27+05:30

Answer #4

hello dear questioner,i wanted to mention you last time also that if the compromise has been arrived at then you should file a quashing.but due to some busy schedule i answered you in a hurry and i forgot to mention this line. now listen, it is but obvious that your anticipatory bail is not granted by the judge because if you people have arrived at compromise and the complainant party has recorded the statement in this regard in then the purpose of the anticipatory bail is defeated now. anticipatory bail means the pre arrest bail. but why the policemen arrest you now,when the compromise has been recorded. so try to get the point there is no apprehension of arrest now. this is the reason that why the judge has not granted the bail to you. if still you have confusion regarding this. you can contact me. make sure one thing only that your quashing proceeding should go hand in hand without any delay.file it immediately and pursue it.

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Adv. Nidhi Sharma Adv. Nidhi Sharma

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