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Can my Anticipatory Bail be challenged ?
07-Dec-2023 (In Criminal Law)
A company had file a FIR under Sec 409/34 with a Police Station in Delhi in 2017. However, I was granted Anticipatory Bail in 2018 by the Honourable District Court after numerous hearings on the Merit of the case.
Furthermore, the matter being civil in Nature the complainant had also filed a Civil Suit in the District Court at Delhi. However, the matter was referred to Arbitration as the Agreement had an Arbitration Clause in it. The matter is a contractual dispute of a Purchase Sale Agreement of goods.
The complainant for reasons best known to them does not call for Arbitration but instead moves to Delhi High Court in order to Challenge the Anticipatory Bail Granted. On the other hand, I have without fail joined investigation and given 100% co-operation to the Police in this matter. The police had "on document" arrested me and left me on Bail (as granted by the court)
On what grounds can the complainant challenge the Anticipatory Bail and what should I do now ?
Hi first of all what had happened and all what did the court say and all what was the did agreement and all about what was the property and all why did u not join the invesgation and all u should join the investigation and All u should tell the police about all the facts and all which had Been done in the matter and all there are different grounds which the complainant can oppose ur. Bail and all
Helpful?
27+
27+
Adv. Yash Karan Jain
Delhi | 400+ Answers
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In this regard, i advice you that the he can very well challenge the same on the grounds of infirmities in judgment and can challenge the basic reasoning but to counter it is pertinent to state that the dispute between the are of civil nature and the complainant herein vide the present complaint is trying to give the said a criminal color and the same in not possible under law. Furthermore, there are several judgments dictating the above said ratio and can help you. Moreover, you can tell the court he has invoked the arbitration clause too and so on, as the case may be. For further clarification, please contact.
Helpful?
48+
48+
Adv. Ujjwal Jain
Delhi | 200+ Answers
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