498a Should I get Anticipatory Bail Extention
john
(Querist) 20 June 2009
This query is : Resolved
Dear Experts,
Based on false dowery harassment complaint filed my wife,my family members got obsolete AB and I got 3 months.In the meantime we attended mediation at High Court.There is one more mediation session om 10th July, But my AB ends on 30th June.
My question is,
1)Can I ask for AB extention before 30th June or after the mediation on 10th July.
2)Is there any possibility police arrest in between the mediation time?
Please give your valueable advice.
Jayashree Hariharan
(Expert) 20 June 2009
Mediation is a different procedure from the 498A.
498A is criminal offence, and unless u have bail, you cannot roam free. so it is better u ask for AB.
Kiran Kumar
(Expert) 20 June 2009
well u may get the concession of AB for further period.
even the courts know of the fact that most of the cases under S. 498-A IPC are of friviolous nature. many things are said in FIR or in the statement from both the sides which ultimatetly become unbearable for either of the parties.
thus the courts emphasise upon the amicable solution of the dispute so for that purpose is mediation proceedings.
such proceedings are meant either to reunite the parties or to facilitate parting of ways amicably.
yes ur conduct during mediation can be of good consideration during bail and the opinion of both the parties is also relevant.
apprise the court next time that the concilliation proceedings are going on so some more time is required the court will certainly respond positively provided ur conduct is good.
Swami Sadashiva Brahmendra Sar
(Expert) 21 June 2009
my friends are right. however you can also file an application before high court for stay of arrest.
