498A Chargesheet-Quash

Guest (Querist) 03 January 2011 This query is : Resolved
I had filed a 498A Quash case in HC- Allahabad which was referred to mediation granting us Stay arrest. Now the mediation dates were attended by us but the other party did not attend now the case will be sent back to HC.

timebeing the chargesheet has been filed at CO office but have not yet reached the court so we havent received the summons to apper before the trial court.

1. what should be our next step to ensure that our bail is in place.
2. On the date when we are asked to appear before the trial court we will be without bail as arrest stay is valid for police so what is the procedure for bail- when we appear before the trial court will we be granted bail or are there any chances of arrest. I being the main accused had secured bail in June when the case was filed.
3. If there are any chances of arrest shall we go for Chargesheet Quash to HC again in that case would we need to withdraw the FIR quash case.
4. As a general opinion what is your opinion on granting of bail from trial court in 498/406/502 charges to family members ----no 323 charges.
4. Even If I go to HC the case wont be quashed so bail by filing Chargesheet Quash would also be temporary and will provide a temporary relief ( dont know how much time can HC take but dont feel more than a year).

Please suggest next steps. If the other side challenges grant of our bail at the time of appearence in trial court can that be rejected.

Please advise as I am about to get the summons shortly so need to be ready for the next steps....as my parents are old and to avoid risk I can go for Chargesheet Quash that can atleast provide temporary relief.

Follow Query

Report Abuse

Khaleel Ahmed Mohammed (Expert) 03 January 2011
You are advised to follow your advocate's directions.

Guest (Expert) 03 January 2011
ask you advocate to get bail after receipt of summons and he will advise properly

Dineshwar Singh Kaushik (Expert) 03 January 2011
As you have mentioned that you are the main accused and you have been granted bail then other co-accused persons will gate bail easily.Don't be in hurry just wait for summons from court after cognizance.As I feel there will be no problem in bail.

s.subramanian (Expert) 04 January 2011
I agree with the view of Mr.Dineshwar.

Ajay Bansal (Expert) 04 January 2011
Do as abovesaid.

Previous

Next

You need to be the querist or approved LAWyersclub expert to take part in this query .

Click here to login now

Similar Resolved Queries :

Ask Query
Unanswered Queries