Can I get AB under us 420

[Aakash Naskar]

A case was registered in 2009 form misappropiation of Govt money. Offecne took place 2008, but FIR filed in December, 2009. I repaid the Govt money in june 2009, I did not know that a case was registered by govt offical us 420. but 2017 I came to know that NBW issued agaisnt me by ACJM., I want to surrender but My Advocate told me that this is a case of 409. ACJM may take you in custody. I am a teacher now under Govt. aided school.I obtained copy of chargesheet now it contains statements of witness ws 161 and stated that prima faice established and police seek wpa showing me absconding but I always in home and work place. Place of offence is juridistion of police station where I reside. What should I do? Shall I apply for AB in High Court? please advice

[Dr. Ashok Dhamija]

It is not possible for me to advise you correctly on your facts, without actually having seen the full records of the case.

But, generally speaking, anticipatory bail can be granted in a case under Sections 420 and 409 IPC. The court has the power in this regard. But, whether or not it will actually be granted will depend upon the facts of each case. However, if the accused has been shown to be absconding for several years, it may become difficult to get anticipatory bail.

In your fact situation, since you are hesitant to surrender fearing custody, you may try for anticipatory bail. If it is rejected, you may still have the option for applying for regular bail after surrender / arrest. Anticipatory bail may be tried either before the Sessions Court or the high court. Preferably you may first approach the Sessions Court, and thereafter, if needed and if so advised, you may approach the high court, for getting anticipatory bail.

     

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Dr. Ashok Dhamija is a New Delhi based Supreme Court Advocate and author of law books. Read more about him by clicking here. List of his Forum Replies. List of his other articles. List of his Quora Answers. List of his YouTube Videos.

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