498a, 406 - anticipatory bail
Dharmesh Arora
(Querist) 24 May 2012
This query is : Resolved
Hi
I am from Punjab. F.I.R u/s 498A, 406 have been lodged against myself and my mother. My mother is residing abroad and I am underground as of now.
My anticipatory bail got rejected in the session court on the grounds that 'Recovery' of dowry articles is still pending.
Should I move to High Court for Anticipatory Bail now. Can you please help me out with some judgementst to enable me secure Anticipatory Bail.
Thanks
Nadeem Qureshi
(Expert) 25 May 2012
Dear Querist
you can contact to me for judgments, I am 100% sure that the bail will be grant.
Feel free to call
DEFENSE ADVOCATE.-firmaction@g
(Expert) 25 May 2012
Move HC for AB , you will get it.If not be ready to go to SC since bail is right and jail is exception is the current viewpoint of SC.
PARTHA P BORBORA
(Expert) 25 May 2012
you can not move it before the sessions court as it is once rejected. But u can file it before the H C of your State. Go for it.
ajay sethi
(Expert) 25 May 2012
the Court rejected your application for bail as custodial interrogation may be required for recovery of the misappropriated articles.
it cannot be said that impugned order was passed without considering the merits of the case.
you can move high court if you so desire
ajay sethi
(Expert) 25 May 2012
Custodial interrogation of the in-laws for recovery of dowry articles, is not required
CRM No. M-26879 of 2010
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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
CRM No. M-26879 of 2010
Date of decision: 04.03.2011
Sudesh Kumari and another
….Petitioners
Versus
State of Punjab
….Respondent
CORAM: HON’BLE MR. JUSTICE ALOK SINGH Present: – Mr. Gaurav Mohunta, Advocate, for the petitioners. Mr. K.D. Sachdeva, Addl. A.G., Punjab. Mr. Namit Gautam, Advocate, for the complainant. 1.Whether Reporters of local papers may be allowed to see the judgment? 2.Whether to be referred to the Reporters or not? 3.Whether the judgment should be reported in the Digest? *****
ALOK SINGH, J (ORAL)
This is an application seeking anticipatory bail in case FIR No.293 dated 1.7.2010 under Sections 498-A/406 of the Indian Penal Code at Police Station Division No.5, Civil Line, Ludhiana City, District Ludhiana (Punjab).
This Court vide order dated 16.9.2010 has granted interim bail to the petitioners, who are in-laws of the complainant. Mr. K.D. Sachdeva, learned Additional Advocate General, Punjab, on instructions of SI Dev Raj, who is present personally in Court, has stated that petitioners have joined the investigation in compliance of order dated 16.12.2010, however, they custodial interrogation is required to recover the dowry articles from their possession.
CRM No. M-26879 of 2010
-2-
Mr. Namit Gautam, learned counsel for the complainant, vehemently argued that husband is not appearing before the Investigating Officer and is absconding, hence custodial interrogation of the petitioners is required to get information about the whereabouts of the husband.
Learned counsel appearing for the parties have fairly stated that petition for dissolution of marriage is pending before the competent Court, which was filed subsequent to the filing of the FIR in question. In view of the pendency of the petition seeking dissolution of marriage, an appropriate order can be passed by the Court hearing the divorce petition under Section 27 of the Hindu Marriage Act for refund of the dowry articles, in the opinion of this Court custodial interrogation of the in-laws for recovery of dowry articles, which is still sub judice before the Civil Court is not required. Considering totality of the facts and circumstances of the case, petition is allowed. Order dated 16.9.2010 is made absolute, subject to the conditions mentioned under Section 438(2) Cr.P.C. However, it is clarified that petitioners shall keep on co-operating in the investigation and if they fail to do so Investigating Officer shall be at liberty to get the bail cancelled.
(Alok Singh)
Judge
March 04, 2011
Dharmesh Arora
(Querist) 26 May 2012
Thanks Sir.
Sir as notified by you, My(Husband's) AB application has been rejected on the grounds that Custodial Interrogation is required for the recovery of dowry articles.
As suggested, I am going to file AB in High Court. Can you enlighten me on the grounds/points, which i lay down in my bail application considering the above judgement by session court. Thanks
Shonee Kapoor
(Expert) 28 May 2012
I differ with experts. Though not discouraging you.
In P&H HC, the husband rarely gets AB in 498a/ 406 case on the pretext that recovery is still pending.
However, once you put the application in HC, the parties would be sent for mediation. Depending upon the results of the mediation AB would be granted or denied.
Also, once your Bail is done, your mom would get AB.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
Dharmesh Arora
(Querist) 28 May 2012
Thanks Sir for your guidance and straight forward reply but feel this is not feasible in my case.
I am the only representative of my family and on the run due to F.I.R. Till i didn't get AB , i can't go to mediation center. So, believe, here HC has to take different route.
Kindly suggest. Thanks
