Stay on chargesheet and quashing is stuck in tricky situation.
Satyamev
(Querist) 12 February 2015
This query is : Resolved
My wife of 15 days filed a Dowry cause u/s 498A,504,506,3/4 DP for which the impunged chargesheet was filed against the husband and his parents.She was actually a fraud who came with wrong intentions that we failed to understand.
I filed two petitions under 482 for stay and quashing for which I approached High Court and took Stay on Chargesheet for parents on very strong merit grounds but in my 482 petition the opposite party has asked time for filing a Counter Affidavit opposing my Stay and the next hearing is listed on 23rd Feb but the lower court had issued BW in the first appearing date on 3rd Feb and the next date is fixed on 26th feb in the lower court and if I don't attend it , the court will issue NBW. Moreover there is no guarantee that high court will give stay on 23rd Feb as the bench on that day as the bench is pro woman.
They are unlikely to file Counter on 23rd Feb as my grounds for Stay are extremely strong which actually cannot be countered, but playing delay tactics they will ask for more time and the petition may not be disposed off on 23rd Feb itself and next date would be given for listing but no relief would be given as the Bench is also not in favor of husbands.
I wont get regular bail in lower court because of my wife's family political influence in her city.
If I don't get Stay on 23rd Feb I have to attend date in lower court on 26th Feb and I will be arrested else NBW will be issued anyhow if I don't attend the court on 26th Feb.
Please advise a way out, no way I want to get arrested.
Is it possible to move a seperate bail application in high court for directing the lower court to grant bail even when the 482 application is pending in the high court. My high court lawyer says the court will not give you both the releifs, which i am unable to understand.
Devajyoti Barman
(Expert) 13 February 2015
Well, since no stay is granted with regards to you, then police can technically arrest you.
Try to remain underground till the high court hears your stay petition as except this you have no other option. Ask your lawyer to convince lower court about pendency of your stay petition.
Tyr to hear your stay petition expeditiously.
Satyamev
(Querist) 13 February 2015
Thanks Devajyoti , any special petition that can be filed thorugh Supreme Court expeditiously on above circumstances for relief to stop or delay the proceedings of lower court till the time High Court does not take it's stand on stay and quashing.
Willing to spend and take chance. Please advise, expert advice are welcome from other experts too.
Nadeem Qureshi
(Expert) 13 February 2015
Dear Querist
police filed the charge sheet or not? if not on what ground the trial court issued Bailable Warrant against you?
state detail facts.
it may be possible that the police has been submitted charge sheet and the court issue notice to you for personal appereance and due to your non-appereance the trial court issue BW against you.
T. Kalaiselvan, Advocate
(Expert) 15 February 2015
It is only BW at this moment, you can appear in the court, get enlarged on bail by furnishing sureties, the BW even if objected by opposite party, since it is the state prosecuted case, the police cannot object to this neither the court will allow the defacto complainant's objection to release you on bail by recalling the warrant. Dont depend only on high curt quash petition or stay petition, the lower court itself will be able to help you to come out of the blown out crisis.
Satyamev
(Querist) 21 February 2015
Hi Experts,
I will not get same day bail from the lower court which is a sure thing. I will get bail only after 7-10 days which will be a big victory for my wife as I can immediately loose my job.
Please read my original post and advise accordingly kindly.
