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A person who thinks that he may be arrested by the police for a non-bailable offence can file an application for anticipatory bail. It is like an advance bail obtained under Section 438 of the CrPC. A bail under Section 438 is a bail before the arrest and a person cannot be arrested by the police if the anticipatory bail has been granted by the court. If you haven't been arrested by the police yet, but fear that an FIR may be filed against you with the police, you can hire a criminal defence lawyer in India to file an anticipatory bail application. READ: Meaning, Concept And Types Of Bail In India Read More

Posted at 01:09 PM, 22 Sep 18 | 1 Answer

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To deal with false allegations, or to prevent an arrest in your case, you can ask a lawyer to get anticipatory bail for you. Anticipatory bail is like an advance bail if you have apprehension that someone can file an FIR against you. It will prevent the police from arresting you. You need to consult a lawyer to know your best legal recourse as your case is very complicated. Read More

Posted at 04:08 PM, 01 Jun 18 | 1 Answer

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As you have not stated under what kind of an offence your uncle has been held accountable we provide you with general remedy which is available. You can file an appeal in high court or you can file a fresh bail application on fresh grounds in session court under section 437 of the Criminal procedure code.but it is upon the decretion of the magistrate but in your case if it has been rejected for such a long period then make an appeal in the high court. please contact a lawyer for as he can guide you better with respect to the case your uncle is being held accountable for. Read More

Posted at 01:18 PM, 17 Dec 17 | 1 Answer

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If you are found guilty under the NDPS act, then getting Bail is difficult. The The Narcotic Drugs and Psychotropic Substances Act, 1985 declares the offences to be cognizable and non bailable. This is by virtue of section 37 of the act, which reads as:  Offences to be cognizable and non-bailable (1) Notwithstanding anything contained in the Code of Criminal Procedure, 1973 (2 of 1974), – (a) Every offence punishable under this Act shall he cognizable; This section however also provides an exception clause, which you can try to use to your advantage. The clause reads as: (b) No person accused of an offence under section 19 or section 24 or section 27A and also for offences involving commercial quantity shall be released on bail or on his own bond unless- (i) The Public Prosecutor has been given an opportunity to oppose the application for such release, and (ii) Where the Public Prosecutor opposes the application, the court is satisfied that there are reasonable grounds for believing that he is not guilty of such offence and that he is not likely to commit any offence while on bail. If you can satisfy the court which would depend upon the type of drug you were caught with, then you may be able to get bail under NDPS act.  Read More

Posted at 06:29 PM, 29 Oct 17 | 1 Answer

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You have not mentioned the quantum of sentence awarded to the connvict by the session court, Since after the conviction the appeal is pending before the HC. Every highcourt has its own view point on grant of concession of suspension of sentence. It is better to wait for some time than seek for the suspension of HC itself. As far as facts are concerned only those facts will be considered which has been provided in the Trial procedure in the session court. Read More

Posted at 01:53 PM, 18 Oct 17 | 1 Answer

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You can file anticipatory bail under section 438 of Criminal Procedure Code whereby court would expect you to be present in the court whenever there is a need and court would require your assurance to be present within the country. Read More

Posted at 11:39 PM, 21 Jul 17 | 1 Answer

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Your Advocate need to appear before the court with proper application of cancellation of NBW's. Make sure you don't appear because they will put you under arrest. if you have any proper medical condition then, that can be made a ground for cancellation of NBW's. Read More

Posted at 06:57 PM, 28 Jun 17 | 3 Answers

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The High Court or the Court of Session may include such conditions in the light of the facts of the particular case, as it may think fit, including: (a) a condition that the person shall make himself available for interrogation by the police officer as and when required; (b) a condition that the person shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the court or to any police officer; (c) a condition that the person shall not leave India without the previous permission of the court. Read More

Posted at 05:18 AM, 05 Mar 17 | 1 Answer

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When any person apprehends that there is a move to get him arrested on false or trump up charges, or due to enmity with someone, or he fears that a false case is likely to be built up against him, He has the right to move the court of Session or the High Court under section 438 of the code of Criminal Procedure for grant of bail in the event of his arrest, and the court may, if it thinks fit, direct that in the event of such arrest, he shall be released on bail. Read More

Posted at 05:17 AM, 05 Mar 17 | 1 Answer

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Anticipatory bail has to be applied in the Sessions court or District Court. If your application is rejected in this court then you need to appeal against that order in High Court and then in Supreme Court. Magistrate courts or trial courts or any court below the rank of Sessions or District courts cannot give Anticipatory bail. Read More

Posted at 05:15 AM, 05 Mar 17 | 1 Answer