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Suhas Magar
in Criminal Law Procedural Law
Asked August 26, 2017

Protection from the application of POSCO

  • 2 Answers
  • 228 Views

Somebody is trying to misuse the POSCO act agaisnt me. How do I protect myself. 

Answers 2

You do have the option of filing for an Anticipatory Bail under Section 438 of the Code of Criminal Procedure, 1973. You can engage a lawyer to submit the application. It is tp be pointed out, that in many cases, depending upon the facts, Courts have rejected such bail applications also. https://indiankanoon.org/doc/46817004/

 

The factors on which an anticipatory bail is granted are - 

(i) The nature and gravity of the accusation;

(ii) The antecedents of the applicant including the fact as to whether he has previously undergone imprisonment on conviction by a court in respect of any cognizable offence;

(iii) the possibility of the applicant to flee from justice; and

(iv) where the accusation has been made with the object of injuring or humiliating the applicant by having him so arrested, either reject the application forthwith or issue an interim order for the grant of anticipatory bail.

(Jai Prakash Singh vs State Of Bihar & Anr.Etc , Supreme Court - CRIMINAL APPEAL NOs. 525-526 OF 2012)

To get the anticipatory bail issued, your application must establish the above mentioned points. 

Agree Comment 0 Agrees over 3 years ago

You do have the option of filing for an Anticipatory Bail under Section 438 of the Code of Criminal Procedure, 1973. You can engage a lawyer to submit the application. It is tp be pointed out, that in many cases, depending upon the facts, Courts have rejected such bail applications also. https://indiankanoon.org/doc/46817004/

 

The factors on which an anticipatory bail is granted are - 

(i) The nature and gravity of the accusation;

(ii) The antecedents of the applicant including the fact as to whether he has previously undergone imprisonment on conviction by a court in respect of any cognizable offence;

(iii) the possibility of the applicant to flee from justice; and

(iv) where the accusation has been made with the object of injuring or humiliating the applicant by having him so arrested, either reject the application forthwith or issue an interim order for the grant of anticipatory bail.

(Jai Prakash Singh vs State Of Bihar & Anr.Etc , Supreme Court - CRIMINAL APPEAL NOs. 525-526 OF 2012)

To get the anticipatory bail issued, your application must establish the above mentioned points. 

Agree Comment 0 Agrees over 3 years ago

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