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Bail during transfer of matter from MM to Session
18-Aug-2023 (In Criminal Law)
FIR was registered against me in a rape matter and the police without arresting me filed the chargesheet before the MM. I appeared before the MM and he asked me to take anticipatory bail as the matter was to be transferred before the sessions court. He further informed that in case bail is not given, I'll have to be in judicial custody for purpose of transferring the matter from MM to Sessions. I filed the anticipatory bail application which was simply dismissed on the ground that offence is heinous and prosecutrix has not been examined yet therefore bail cannot be granted. What do i do?
There are various judgements that support your case. You always have the option of approaching a Higher court for Anticipatory bail in case the court is still not inclined you can surrender before the court and make a regular bail application before the concerned Sessions Court.
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Adv. Chirag Madan
Delhi | 25+ Answers
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You have to obtain an anticipatory bail from high court as session has dismissed the same or u can file again before the same court again, otherwise u have to go into into custody being an henious crime
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Adv. Manoj Kumar
Delhi | 200+ Answers
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Dear Sir
Thank you for your query. I think the lawyer handling your anticipatory bail did not do it properly. We can apply for your bail and I think we can get it done. We have handled such cases in the past. Please call us for more advice as these matters are best discussed over phone.
Please contact us immediately as we will need to move fast.
Thanks
Sanjeet
Thank you for your query. I think the lawyer handling your anticipatory bail did not do it properly. We can apply for your bail and I think we can get it done. We have handled such cases in the past. Please call us for more advice as these matters are best discussed over phone.
Please contact us immediately as we will need to move fast.
Thanks
Sanjeet
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Adv. Sanjeet Kumar Thakur
Delhi | 25+ Answers
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Well I hope you r at mistaken anticipatory bail can only be filed in session court only and see rape is a serious offence however it depend in case to case you only write offence rsp the ogfencr is very wife and depend case to case how ever it is requested you to send details so that bail can be applied how ever it is depends upon case to case you can contact me personally for furthet detals
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Adv. Rajendra Sharma
Delhi | 200+ Answers
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Either of the following options can be adopted:
1) Go for Revision in the High Court against the Order which denied the anticipatory bail application,
2) File a fresh anticipatory bail application with fresh grounds.
It is important to note that the grant of bail is discretionary and a second bail application on the same grounds is not allowed. As such, it is advisable that cogent reasons/grounds are provided in a bail application.
1) Go for Revision in the High Court against the Order which denied the anticipatory bail application,
2) File a fresh anticipatory bail application with fresh grounds.
It is important to note that the grant of bail is discretionary and a second bail application on the same grounds is not allowed. As such, it is advisable that cogent reasons/grounds are provided in a bail application.
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Adv. Bidit Kumar Deka
Delhi | 25+ Answers
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