Legal Question in Family Law in India
my native is 5 hrs distance from the police station were she had filed 498a my APB is dissmised once the police comes for arrest by the time I REACH THE STATION CAN I APPLY FOR REGULAR BAIL? OR THE WILL PRODUCE IN COURT AND THEN ONLY I CAN AAPLY FOR BAIL?
2 Answers from Attorneys
better appeal against the order of High Court dismissing your anticipatory bail instead of getting arrested. alternatively, if you appear before the Magistrate, you can apply for the bail but chances of you getting spontaneous bail in non bailable offence may be less. however, i would like to go through your high court order.
Once Anticipatory bail is dismissed, you should apply afesh for anticipatory bail before the higher court. There is no appeal against the order of dismissal of anticipatory bail. At the cost of repetititon, it is suggested that you will have to apply afresh. However, regular bail may be applied only after arrest and not before that. If one desires, one may surrender before the magistrate and simultaneously apply for regular bail. However, to grant bail or not is discretion of the magistrate depending upon the facts and allegations against you in the FIR.