498 a and ab
ragz hyder
(Querist) 16 August 2013
This query is : Resolved
Divorce and 498A - We filed for AB back in Jan and then in May. Both got rejected on the grounds
that there is no FIR and unreasonable apprehension(although we showed email
threats from out-laws)
Now in June when my parents were in India my Father got picked by cops. After an hour of "counselling" at womens cell, they took his passport under pretext of surety that he will come back tomorrow. On advice of lawyer (please dont question sanity of lawyer - already doing that) he gave it to them. Lawyer said
we can get it back from court.
Based on fact that passport was confiscated we applied for AB again. Before hearing came up, cops came and took my father. This time under "judicial remand" without still showing arrest - they had FIR this time. He was kept in womens cell on a chair for 48 hours.
In meantime the AB came for hearing and AP HC asked his release immediately in the interim orders. Those lapsed this Monday when we were told to apply again
(apparently some nuance on bail/AB 8/12).
Our hearing is on Monday, this time the new application is in sessions court. We are exhausted by this whole process esp my aged parents. Instead of constant apprehension of arrest, should they just surrender in court on Monday? If they
get AB great but then if not..
How long would bail really take if they surrender in the court? What should be our next course of action.
V R SHROFF
(Expert) 16 August 2013
Regular Bail will be granted,on the same day
[ unless cruelty of very serious nature/ in rare case]
Devajyoti Barman
(Expert) 16 August 2013
Yes, the bail is granted on the same day if they surrender.
There are serious lapses on the apart of the police in conducting the case. After bail, do file Writ in the high court for this harassment.
The Police has no authority no take custody of passport unless the court so directs. In your case the Police has indulged in several illegal activities which should be put under judicial scanner.
ragz hyder
(Querist) 16 August 2013
Follow up: The framed charges of cruelty include my mother hitting her thrice, demanding of 3 lacs of dowry and that I raped her brutally. All fabricated. But my parents are both aged 67 and 61 and have health issues. Dad having had an accident and being hospitalized for 4 months - have health report and doctors certificate and Mom with a recent accident and heart patient. Would it be better if they come to the hearing instead of "absconding" - no chargesheet - I believe.
Whats advisable. If they surrender in court whats the max time for bail?
Devajyoti Barman
(Expert) 16 August 2013
Why are repeating the question when it is already stated that bail would be granted on the same day on surrender.
Rajendra K Goyal
(Expert) 16 August 2013
Well advised by the experts, nothing more to add.
