Continuation of anticipatory bail already granted in protest complaint case.

[Prahalad Prasad]

1. Fir was registered under section 498A against all family members.
2. Anticipatory bail granted to all accused.
3. After investigation police submitted final form in favour of all accused.
4. Protest complaint filed by wife against final form
5. At present enquiry going on by d magistrate in protest complaint.

Question: in case magistrate takes cognizance in protest complaint case, will d bail already granted would continue in protest complaint cAse.

[Dr. Ashok Dhamija]

Presuming that the language used in the anticipatory order mentions the FIR or Crime No. and also that the protest petition is a continuation of the same FIR or Crime No. (because sometimes, the protest petition may be treated as a separate private complaint), the anticipatory bail order passed during the investigation earlier should be considered to be continuing during the protest petition.

     

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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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