Tajobsindia (Senior Partner ) 25 April 2011
| Originally posted by :Roshni B.. | ||
| " |
gaana kaha hai??? lagta hai unhe fone karke hee suna diya Take: gana yehi hai [phone ei friend ki zaroorat nahi]; iss asha mei ki shayad aab angarezi samajh mei aye pesh hai apkey liye  https://www.youtube.com/watch?v=FIL8PxLmjm4 |
" |
Pranjal Srivastava (Lawyer) 25 April 2011
Station Bail
If a person has been arrested and taken to a police station and the
officer in charge decides that the offence is not of a serious nature
she/he can grant bail.
It may be a condition of bail that the person reports to the police
station when required.
When bail is granted a record is made of it and a receipt given to
the person paying bail. The bail money &/or property will be returned either when the police drop the matter or the person bailed is
charged and appears in court
Nitish Banka (lawyer) 24 April 2018
Nitish Banka (lawyer) 24 April 2018
You receive a call from the police station and on the other line there is an Investigating officer is on the other side of the line.For one moment panic strikes you and you come to know that your wife has lodged a false 498a case against you and your family.
The Io asks you to visit police station so called CAW cell.
When you go and visit CAW cell harassment starts poring in the IO and other mediators starts pressurizing you to settle the matter. You gain strength and refuse to settle the matter and comes back to your home.
Then again you receive the call from the CAW cell to come and join then again then again….
These calls from CAW cell are against the law and just meant to harass you. Even if you join the mediation process and attend N number of dates present defence evidence to the IO. Still the CAW complaint gets converted into FIR and these calls fails to stop…
The reason for such calls is done with clear motive of harassment and put pressure to settle the issue with estranged wife and if you fail to settle then FIR is converted.
As per the Delhi High Court Judgement they have prescribed certain guidelines which is envisaged under Section 41A of CrPC that a written notice with prescribed format has to be sent to the accused while summoning him to appear before IO. So if IO calls the accused i.e husband and relatives of the husband by making a mobile call that is impermissible as per law.
Anticipatory bail in 498a is advisable and recommended
A family comes under pressure when they come to know that a FIR under section 498a has been lodged in police station.
The first cause of stress is call be Investigating Officer to join investigation to old parents, husband, husband sister or brother.
The trauma is whether they can be arrested or not.
It is not advisable to visit investigating officer without protection from the court this protection is termed as Anticipatory Bail.
The chances of getting bail under 498a is quite high as I have already discussed in detail in one of my articles
chances of getting anticipatory bail 498a
The conditions of anticipatory bail are not very stringent but if they are stringent it can always be challenged. I have discussed in detail the conditions Conditional Anticipatory Bail 498a/406
Now as per the judgement of 498a under Rajesh Sharma versus State of Uttar Pradesh. there is a stay on automatic arrest in the cases of 498a. But this judgement is challenge in higher bench and revisit the judgement.
(i) Police officers should be mandatorily required to issue notices under Section 41A Cr.P.C (in the prescribed format) formally to be served in the manner and in accordance with the terms of the provisions contained in Chapter VI of the Code. Model…
Nivedita 20 September 2020
This resource- Bail in 498a seems to have all the answers to your legal queries regarding 498a IPC. It has proven to help my friend with such legal matters. It might help you too!
© 2024 LAWyersclubindia.com. Let us grow stronger by mutual exchange of knowledge.
