Ab from sc for 498a/406
Reformist !!!
(Querist) 23 April 2013
This query is : Resolved
Hi ALl,
What are the chances of getting AB from SC these days. I will mention some points here for ur reference :-
Ques1 >>> My bail has been rejected a month back from HC of Punjab n Haryana and the court orders are not yet out . Pls tell me is there so much delay in court orders ? Its been a month and i am still waiting for the orders. Bail decision was announced in open court.
Ques 2>>> What are the chances of getting AB from SC as i joined investigation, recovery done by police (although list provided by girl was totally false and infact i was not having any Stridhan with me and she was having the same) So i gave whatever things were with me.
Ques3>>> HC Judge asked us to join mediation which i did and eventually i attended all 11 dates and girl attended only 4 dates and infact mediation date was still there and judge pronounced the bail decision before any report could have come from mediation. Plstell does this happens usually ???? i.e that a decision is pronounced when mediation is still pending ie still going on ??
Ques4 >> As i joined investigation thrice, recovery already done by police, mediation joined then judge never bothered to open the FIR and actually see where there is no allegation of entrustment and in fact she alleged that i had beaten her on such n such date whereas all our neighbors went to PS and gave the statement that she was never beaten and she was the one who was creating scene in front of my parents house and was trying to do force entry in my parents house.
Ques5>>> Experts and friends pls guide me, if i go to SC what r the chances of getting AB from SC as HC judge is neither giving written order nor considered that mediation is still pending and all other points i mentioned above and also we came to know from reader that he has not even dictated the orders yet.
Pls reply me
ajay sethi
(Expert) 23 April 2013
you have stated that your application for AB has been rejected by HC . the order has not been dictated yet although more than month has passed . without knowing grounds on which application for AB has been rejected it would be difficult to give an opinion .
Reformist !!!
(Querist) 23 April 2013
In my case, complainant herself went to HC and she stated there that i am not ready to accept her back with her mother. Pls note this with her mother ....She stated that her mother is a widow and i am not ready to keep both of them with me and yes thats true.....Infact mine was very strong case as every proof was there and still judge heard this that i am not ready to accept her along with her mom, he rejected the bail plea as some of my relatives also went for hearing.
Although orders are not out yet, i believe order will be wierd and will be written as recovery not done or smthing similar to it....
But could you let me know the chances of getting AB from SC ???
ajay sethi
(Expert) 23 April 2013
you have good chances of getting AB from SC . you have returned your wife streedhan . attended mediation and are willing to accept your wife back . you dont want to be saddled with responsibility of your mother in law . you could have suggested that you have no objection if your mother in law stays in an adjoining building and your wife spends quality time with her .
Raj Kumar Makkad
(Expert) 23 April 2013
You have good chances to get desired relief from SC in the given facts though the bail is a discretionary power of the courts, however, this discretion should be judicious.
Reformist !!!
(Querist) 23 April 2013
Stridhan was already with her, i returned whatever i was having ie which was given to me or my mother (like clothes and gold)...
Although i am ready to take her back, but she remained adamant to keep her mother in the same house . I also advised to keep her mom in other house but it failed and its amazing to c judiciary is so biased that they event dont see the law and they just see the emotions ??? As per law, no one can even force me to stay with my wife then how come judge feels that i should keep her mother with me.....thats ridiculous.....
This actually is like using their discretionary powers for fun.....keeping husband in custody...
Nadeem Qureshi
(Expert) 23 April 2013
Dear Querist
“Section 438(1) of the Code lays down a condition which has to be satisfied before anticipatory bail can be granted. The applicant must show that he has “reason to believe” that he may be arrested for a non-bailable offence. The use of the expression “reason to believe” shows that the belief that the applicant may be so arrested must be founded on reasonable grounds. Mere ‘fear’ is not ‘belief’, for which reason it is not enough for the applicant to show that he has some sort of a vague apprehension that some one is going to make an accusation against him, in pursuance of which he may be arrested. The grounds on which the belief of the
applicant is based that he may be arrested for a non- bailable offence, must be capable of being examined by the court objectively, because it is then alone that the court can determine whether the applicant has reason to believe that he may be so arrested. Section 438(1), therefore, cannot be invoked on the basis of vague and general allegations, as if to arm oneself in perpetuity against a possible arrest. Otherwise, the number of applications for anticipatory bail will be as large, as, at any rate, the adult populace. Anticipatory bail is a device to secure the individual’s liberty; it is neither a passport to the commission of crimes nor a shield against any and all kinds of accusation, likely or unlikely. [417 E-H, 418 A] Secondly, if an application for anticipatory bail is made to the High Court or the Court of Session it must apply its own mind to the question and decide whether a case has been made out for granting such relief. It cannot leave the question for the decision of the Magistrate concerned under Section 437 of the Code, as and when an occasion arises. Such a course will defeat the very object of Section 438. Thirdly, the filing of a First Information Report is not a condition precedent to the exercise of the power under Section 438. The imminence of a likely arrest founded on a reasonable belief can be shown to exist even if an F.I.R. is not yet filed. [418 B-C] Fourthly, anticipatory bail can be granted even after an F.I.R. is filed, so long as the applicant has not been arrested. [418 C] Fifthly, the provisions of Section 438 cannot be invoked after the arrest of the accused. The grant of “anticipatory bail” to an accused who is under arrest involves a contradiction in terms, in so far as the offence or offences for which he is arrested, are concerned. After arrest, the accused must seek his remedy under Section 437 or Section 439 of the Code, if he wants to be released on bail in respect of the offence or offences for which he is arrested.
