can sec439(2) is worthabel my father-in-law who is voilating the bail?
sampoorna
(Querist) 05 April 2008
This query is : Resolved
respected sir, thank u for your valubel sugestion regarding the section.sit already given my query regarding my husband on whom the N.B.W is pending he is in custody of my fathher-in-law.my husband is very much availbel in india but father-in-law had given an affadiviti to bar cousil that his son is in u.s.a .he is working over there on behalf of his son he sizned on vakalth nama which is filed for bail of my husband.when polise issued him a letter asking him the address of u.s.a he gave a replay that he had no knowledge of his son.while court granting bail to my father-in-law court had given a direction that he should suppot polise for investigation. but here he is not sopporting polise to exquete the n.b.w. and he is giving two versions.he tried for bail to his son by cheating stating that his is son is in u.s.a. who is very much availabel in india under his custody.sir.i wannt to send a few documents foe your kind persual. on which email id i should send it.since my father-in-law is bvoilating the condition of bail. can i out a bail cancelation?
thanking you,
sampoorna
a.haridasan
(Expert) 06 April 2008
dear sampoorna ,
it is not clear from ur letter that,whether ur case is charge sheeted by the police or not ,or the same is under investigation . in what and which circumstance ,ur father in law happened to file anaffidavit before the bar council .. whether it is stated in the bail application regarding the details of the residents and so called departure of ur husband as mentioned in ur letter ..whether the bail application is filed by the counsel along with the vakkalath or memo of appearence (DECLARAION)and whether u perused the disputed bail oreder .advahari@yahoo.com
TSBehera
(Expert) 06 April 2008
Non execution of NBW is a matter to be looked by the court.You can send me copies of police report submitted to court for giving you the advice sought.You can send in my e=mail TSBehera@yahoo.co.in
