498A Stay of Arrest
Guest
(Querist) 20 March 2011
This query is : Resolved
Is it possible to secure stay of arrest until conclusion of trial from Allahabad HC.
I had filed a Criminal writ petition under article 226 which granted interim stay of arrest to us referring the case to mediation. My mediation is about to fail and the case will be referred back to HC where the HC will decide on my stay of arrest.
Can we pray for stay of arrest to continue till the trial concludes and if granted then we can face the trial without taking bail from Trial court. Has there been any such cases that we can show to judge as citation or if such relief can be granted by SC if HC dont grant the same.
In UP as there is no AB in place so this stay of arrest is the only option.
Sarvesh Kumar Sharma Advocate
(Expert) 20 March 2011
NO WITHOUT BAIL TRIAL IS NOT POSSIBLE!
better
MOVE INTRIM BAIL IN THE LIGHT OF LAL KAMLENDRA PRATAP SINGH V/S STATE OF U.P.
Guest
(Querist) 20 March 2011
Mr Sarvesh,
Can you please elaborate what is Interim bail- do we need to apply the same in HC or trial court.I being the husband is on regular bail the bail need to be secured for my parents.
what will be the exact time for applying interim bail is it after stay of arrest is vacated by HC.
Kirti Kar Tripathi
(Expert) 20 March 2011
If your arrest stay is vacated, you have to apply for regular bail and have to face trial. Since you have already got stay. I think, there will be no hurdles in obtaining regular bail.
Legal Fighter
(Expert) 20 March 2011
arrest stay is given only till filing of chargesheet and after chargesheet is filed, u have to take regular bail from the trial court.
Legal Fighter
(Expert) 20 March 2011
arrest stay is given only till filing of chargesheet and after chargesheet is filed, u have to take regular bail from the trial court.
Sarvesh Kumar Sharma Advocate
(Expert) 20 March 2011
dear ,as the law has been steblished and effective upon lower and session courts in u.p.,but if u want a seprate judgement in the light of the judgement then move to highcourt!
Sarvesh Kumar Sharma Advocate
(Expert) 20 March 2011
dear ,as the law has been steblished and effective upon lower and session courts in u.p.,but if u want a seprate judgement in the light of the judgement then move to highcourt!
Sarvesh Kumar Sharma Advocate
(Expert) 20 March 2011
dear ,as the law has been steblished and effective upon lower and session courts in u.p.,but if u want a seprate judgement in the light of the judgement then move to highcourt!
Guest
(Expert) 20 March 2011
some time arrest stay is also given in the case of anticipatory bail and if the accused is given the bail and then he have to apply in the lower court for regular bail with in the given time by the court and then only the challan if produced in the court.
