Anticipatory bail is kept pending even submitting finla chargesheet
Sundram N
(Querist) 05 July 2013
This query is : Resolved
Hounarable seniors and friends,
kindly suggest what to do in the below cited circumstances as the hounarable session judge said in back week that diry is not available with chargesheet and demanded as such and given next date.
Chargesheet is finaly filed by police deleting of wife's alegation u/s 307 but kept 498a and dowery act. the 498a and dowery act is kept on false witness from wife's side but without evidence from wife side. Marrigae is about to complete 12 years and have two children.
judge also knows that all the alegations are fully fabricated to blackmail me and my family.
My queries :-
can i hope to get bail from session judge? if bail is rejected then, can i approach before high court or to wait summon from megisterate for trail of the case so tha i can take bail on presentation myself before the megisterate ?
Kindly suggest what to do?
Raj Kumar Makkad
(Expert) 05 July 2013
Generally bail is granted by Sessions court in such cases and even if rejected then appear before the lower court who may send for a day or two in judicial custody and then shall accept the regular bail. This is not a big issue to approach to high court.
Rajendra K Goyal
(Expert) 05 July 2013
Fully agree with the views of expert raj kumar makkad ji. Legally there is no restriction for approaching high court for bail if bail rejected by Session Judge.
R.K Nanda
(Expert) 05 July 2013
nothing to add.
