Fir lodged under section 323/406/498a/506/34
Singh_1984
(Querist) 17 June 2014
This query is : Resolved
Greetings to all !!!
Since FIR has already been lodged against my mother and myself under sections Section 323/406/498A/506/34 , so Iam trying to get the AB for myself. FIR has been lodged in PANIPAT , Haryana whereas Iam a resident of Delhi. The lawyer with whom Iam in Contact with repeatedly says its not possible to Get the AB done for Accused Husband. I told him that each and every statement of FIR is false, still my lawyer says its not possible. My lawyer says if u can stay in lockup for 2 days I will get your Regular bail done and Girl's Rate/Amount will also come down. Earlier my Lawyer was saying if you in a lockup , then police will demand some amount and they will not release you easily. My question to Experts is :
1> Is it really difficult for accused Husand to get AB in Haryana ?
2> If at all I get arrested , how many days Police can keep in Lockup or custody?
3> Would Police not be doing any investigation before arrest that whether section 323 is really applicable or not because we did not beat anybody at all and all is false.
Devajyoti Barman
(Expert) 17 June 2014
1. if lawyer is not confident then change him. Till now no AB is cancelled as far as my clients of similar offences are concerned.
2.It would depend on court and could be anything between 2-15 days.
3. Police is unlikely to make any investigation can can straightway come to arrest you.
ajay sethi
(Expert) 17 June 2014
you can get AB .contact Mr Makkad he is from haryana . he can guide you in obtaining AB .
as far as days you would remain in custody it would depend upon court orders
R.K Nanda
(Expert) 17 June 2014
no more to add.
Singh_1984
(Querist) 17 June 2014
Hello ajay sethi can u give me Mr makkad's number so that I can contact him . Where would I find him ? Does he sit in haryana court ?
Singh_1984
(Querist) 17 June 2014
Hello ajay sethi can u give me Mr makkad's number so that I can contact him . Where would I find him ? Does he sit in haryana court ?
Sudhir Kumar, Advocate
(Expert) 17 June 2014
1> Is it really difficult for accused Husand to get AB in Haryana ?
Ans : Your lawyer is correct
2> If at all I get arrested , how many days Police can keep in Lockup or custody?
Ans : Depends upon your luck. They can keep you in thana at the most one night unless they obtain remand.
3> Would Police not be doing any investigation before arrest that whether section 323 is really applicable or not because we did not beat anybody at all and all is false.
Ans : Your lawyer is correct
Raj Kumar Makkad
(Expert) 17 June 2014
Bail is the prerogative discretion of the concerned court though it should be judicious. The confidence of your lawyer is very important.
If your mother has been granted anticipatory bail then you can also apply it handing the dowry articles to IO and presenting yourself for the investigation of the case.
If you do not get AB even after surrendering the dowry articles, you can easily get regular bail even without police/judicial remand.
Whether section 323 IPC is applicable or not, depends upon the contents of FIR.
Rajendra K Goyal
(Expert) 18 June 2014
AB depends upon the court to give or not.
Better engage some senior lawyer to plead for AB.
If you surrender, it may take 2-15 days in regular bail.
Singh_1984
(Querist) 18 June 2014
I Asked my Lawyer since my mother has got the INTERIM bail , on the basis of it he can apply for my AB also. He said not possible and if we does so, even your mother's interim bail will get cancelled . Iam just trying to find out that how an ACT of applying for AB can cancel my Mother's interim bail. Is it True ? My case is in Panipat , Haryana.
Singh_1984
(Querist) 18 June 2014
My mother is a senior citizen
Devajyoti Barman
(Expert) 18 June 2014
Bail once granted is not easily cancelled. i think your lawyer is either ill equipped to handle this case or not guiding your properly.
Raj Kumar Makkad
(Expert) 18 June 2014
It shall be better to change your lawyer as earliest as possible.
T. Kalaiselvan, Advocate
(Expert) 21 June 2014
In my opinion your lawyer is not experienced well in handling such cases, he not only lacks confidence but also he misguides you with different and irrelevant tales, before applying for AB, you should change the lawyer. Until here is no serious issues involved, the court may not dismiss the petition, so try to get the same through another lawyer.
Singh_1984
(Querist) 24 June 2014
Since AB is not possible in Haryana until recovery of streedhan articles is done by police , can I get AB from DELHI ? can I apply for AB in Delhi because I live in Delhi and marriage also took place in Delhi . I got the marriage certificate from delhi Gurudwara , so can I get AB from Delhi ?
Raj Kumar Makkad
(Expert) 24 June 2014
You shall have to get AB from the Sessions Court of the same district of Haryana wherein FIR stands lodged against you. The place of marriage do not give a right to the accused person to seek AB from that place.
Guest
(Expert) 24 June 2014
Dear Author,You could get Transit Bail in Delhi High Court and it would be Confirmed in Haryana Court.Contact a Senior Advocate in Delhi Still you would need a support of good Advocate in Haryana and you could request the Senior Advocate in Delhi to guide you in this.
