Legal Question in Criminal Law in
My old company has filed a compliant against Ex- Managing Director and his team. Police has registered FIR under 408,420,465,471 r/w section 34. Anticipatory bail was denied in session, high court. They then moved to Supreme court for Stay of arrest and requested for bail. After 3 months of discussions, the result was not in favour. At this stage, what are the options available? Can they quash FIR? Is there any option to approach Supreme court again?
2 Answers from Attorneys
AT this stage, the only option is to surrender and apply for regular bail. The question of quashing at this stage is too early in the day. Investigation seems to be completed yet. No court would intervene into investigations. The question therefore of quashing would not arise. At this stage concentrate on bail. Also please note that rules for anticipatory bail are different than the rules for regular bail. If one did not get the ABail does not mean that he would not get regular bail. Regular bail is only after arrest. If one surrender before the court, that will also be seen in favour.
i need to go through the orders of high court and supreme court and there may be a way out to get out of this situation. in case you surrender and then sent to judicial custody, the bail may not be easy as the bail application is dismissed by SC as well. you may scan and send the copy of f.i.r and orders so that i may suggest you the way out.
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