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Binod Kumar Mishra (Government Service)     03 April 2009

Surrender for Regular Bail

Dear friends,

kindly if you know then sent me some decision of High Court of Supreme Court on the matter relating to a flase 498(A) cases.

this case has been made by the wife after receiving the notice of family court for divorce. the said case was instituted after 2 months of filling of divorce case by the husband. now probably the AB of husband is not going to be made.

kindly suggest that:-

 

1) whether he go to apex court for anticipatory bail.

2) or he will surrender himself before the trial court and pray for regular bail.

3) had you any citation/decision that if AB is not granted to husband in 498(A) case then on the date of surrender he may be granted Regular Bail.

4) i have heard in a number of cases where Patna High Court and Apex Court has given decision to the effect that non-granting of AB is not the ground to reject the Regular bail of the husband. he must be granted BAIL not JAIL.

5) please learned frineds kindly suggest me the way. if anyone from supreme court, kindly reveal you address so i can contact you, if needed.

 

an early reply is accepted.

 



Learning

 3 Replies


(Guest)

NANDKUMAR B. SAWANT.,M.COM.LL.B.(MUMBAI),ADVOCATE


MOBILE. 09325226691, 09271971251


e.mail.adv.nbsawant@yahoo.com


e.mail nandkumarbs@sify.com


REGARDING THE 498A CASE AND ANTICIPATORY BAIL KINDLY NOTE THAT.


1.YOUR CASE IS A VERY GOOD CASE.YOU CAN BE GRANTED ANTICIPATORY BAIL BY COURT OF DIST.AND SESSIONS /HIGH COURT.


2. KINDLY NOTE THAT YOU ARE A GOVT. SERVENT AND NOT GOING TO ABSCOND YOU HAVE YOUR PERMANENT HOUSE AND PROPERTY AT THE PLACE WHERE YOU RESIDE AND ARE READY TO FURNISH VALID SURETY AND READY TO ABIDE BY ALL CONDITIONS OF BAIL.THEN YOU CAN GET ANTICIPATORY BAIL.


3. I AM SURE YOU CAN GET ANTICIPATORY BAIL FROM THE DIST AND SESSIONS COURT .. IN CASE YOU ARE ALREADY REFUSED THE ANTICIPATORY BAIL BY DIST AND SESSIONS COURT THEN YOU MAY APPROACH HONBLE HIGH COURT FOR THE ANTICIPATORY BAIL.


4.KINDLY NOTE THAT GENERALY ANTICIPATORY BAIL IS GRANTED TILL THE FILING OF CHARGESHEET. THEN YOU HAVE TO GET REGULAR BAIL FROM THE DIST AND SESSIONS COURT WHICH GENERALLY GRANTED.


5.KINDLY NOTE THAT IN CASE YOU HAVE ALREADY APPROACHED HIGH COURT AND YOU WANT TO FILE THE ANTICIPATORY BAIL TO HONBLE SUPREME COURT THEN KINDLY WRITE WITH ALL DETAILS AND ORDERS PASSED.WE CAN DEFINETELY HELP YOU .


IN CASE YOU NEED ANY FURTHER HELP KINDLY SEND DETAILS AND WRITE FOR ANY FURTHER HELP .


WITH BEST REGARDS


THANKING YOU


YOURS SINCERELY


NANDKUMAR B. SAWANT.,M.COM.LL.B.(MUMBAI),ADVOCATE

adv. rajeev ( rajoo ) (practicing advocate)     03 April 2009

U can approach the dist., court for anticipatory bail

N.K.Assumi (Advocate)     08 April 2009

Gurbaksh Singh Vs State of Punjab: AIR 1980 Supreme Court 1632, is the Classic case of Anticipatory Bail. There is no reasons why the benefit should not be given to you.


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