How long can the anticipatory bail hearing be delayed by IO? Is there any deadline?

[Devanshdude278]

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Devanshdude278
PARTICIPANT
March 28, 2025 at 2:41 pm

If the anticipatory bail petition is pending for more than two months and no argument has been done, what can be done? Also, if the IO has not filed chargesheet in a 420, 120B FIR, even after 8 months of FIR and no arrest has been made till date, no warrant has been issued, no summon has been issued then what should be the moves ahead?

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[Silentsuraj4851]

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Silentsuraj4851
PARTICIPANT
March 28, 2025 at 2:45 pm

Has interim bail been granted?

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[Devanshdude278]

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Devanshdude278
OP
March 28, 2025 at 2:47 pm

No, nothing has been done.

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[Silentsuraj4851]

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Silentsuraj4851
PARTICIPANT
March 28, 2025 at 2:49 pm

You need to have a sit down/change of your lawyer. Anticipatory bails are heard within 1-5 days of being filed and at least interim is granted/denied. IO doesn’t get to delay.

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[Devanshdude278]

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Devanshdude278
OP
March 28, 2025 at 2:51 pm

The case is in Kolkata, and on each hearing case, the diary is to be produced in the sessions court by IO. For the past 3 hearings, IO has been making excuses of his health and his wife’s health, even producing hospital documents in the court as reason for not being present with the case diary.

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[Silentsuraj4851]

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Silentsuraj4851
PARTICIPANT
March 28, 2025 at 2:52 pm

Interim relief will still be decided. And somebody will appear to substitute Io

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[Devanshdude278]

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Devanshdude278
OP
March 28, 2025 at 2:55 pm

Nobody is substituting IO, and the judge said that without case diary, argument cannot be done and liberty will be given to IO on medical ground and simple keeps on giving next date.

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[Silentsuraj4851]

S

Silentsuraj4851
PARTICIPANT
March 28, 2025 at 2:57 pm

Press the court for passing an order that some other police official bring the diary to enable arguments being heard in case IO is unavailable.

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[Devanshdude278]

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Devanshdude278
OP
March 28, 2025 at 2:58 pm

Okay, and is it possible to go for quashing the FIR at this stage or taking a stay on arrest?

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[Silentsuraj4851]

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Silentsuraj4851
PARTICIPANT
March 28, 2025 at 3:01 pm

Quashing will not stay arrest. It’s rare for fir to be quashed without investigation but if it’s a completely stupid one, you can try your luck

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[Happyshark11]

H

Happyshark11
PARTICIPANT
March 28, 2025 at 6:34 pm

The CrPC / BNSS do not prescribe a fixed time frame for deciding anticipatory bail applications; however, courts generally try to hear such cases at the earliest possible opportunity.

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