498A Bail
Guest
(Querist) 25 December 2010
This query is : Resolved
I was charged under sec-498A and was arrested and presented before the Magistrate and was not granted bail so secured bail from the sessions court.
Now my parents are the co-accused in the same case and are under arrest stay and now have to secure regular bail. I have two questions:
1. will they need to appear before the magistrate to secure regular bail or the sessions court. Do the magistrate have powers to grant bail in 498A charge or that would be rejected and then regular bail will need to be secured from Sessions court.
2. If the chargesheet is filed in between will that be different process to secure bail then we would need to appear in which court will the bail be granted on the date of appearence when we get the summons.
Please guide this refers to UP courts I have heard that there the procedures are different. I dont want my parents to be arrested.
Please Advise.
Arvind Singh Chauhan
(Expert) 25 December 2010
1- They will have to appear before magistrate. Magistrate have full power to accept or reject bail.
2- They will have to appear in the court from where summon is issued. It is court's discretion to grant or reject the bail.
If once you have approached to High court, It is advised to obtain stay against the further proceeding in court.
