Legal Question in Criminal Law in India
whether it is mandatory
whether it is mandatory for the trial court to release an accuse if it rejects regular bail while the accused has already obtained anticipatory bail.
7 Answers from Attorneys
Re: whether it is mandatory
If anticipatory bail is obtained the accused cannot be arrested.where does the question of his release arises.
Re: whether it is mandatory
yes, it is mandatory to release the accused if he is able to procure the anticipatory bail even though his bail application by trial court has been rejected.
Re: whether it is mandatory
No.
Re: whether it is mandatory
No.
Re: whether it is mandatory
Right it is mandatory for the trail court to release an accused on bail.
But if accused fails to give surety to the satisfaction of that court, then the court is not bound by the anticipatory bail.
Re: whether it is mandatory
it appears u r confused . If anticipatory bail is granted obviously it is to be granted by higher forum and once granted is binding on the trial court till it is setaside or modified
Re: whether it is mandatory
No, on the contrary if the regular bail is rejected, the court cannot release the accused. anticipatory bail is a temporary measure till arrest of the accused; once the accused is arrested and applies for regular bail, his detention will be governred by court order.
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