Anticipatory bail in case of evidence--urgent
Pooja Bhalla
(Querist) 03 May 2012
This query is : Resolved
I hv concrete evidence in the form of Medical report of physical assault and NEFT transactions where my husband has been taking money from me, will his AB get rejected or he will still get a bail ,what r the chances
V R SHROFF
(Expert) 03 May 2012
what way it will affect you??
whether inside jail or elsewhere, he will not trouble you.
Don't waste time guessing what his advocate and the Sessions judge will argue and decide.
It is in their hand. , and it do not affect you, it only affect your husband, and his parents, brother sisters.
Pooja Bhalla
(Querist) 03 May 2012
His being in jail would serve justice to me hence I m curious to know what wld happen in such a case
V R SHROFF
(Expert) 03 May 2012
chances depend on argument of his advocate & consideration of Judge,
u have no role to play in AB Apln, unless u hire top class Adv, who knows & do the necessary.
Adv.R.P.Chugh
(Expert) 03 May 2012
Dear Ms.Bhalla,
There is a very categorical decision in this behalf by the Delhi High Court - which says that complainant does not have a right to make submissions at the time of consideration of accused's anticipatory bail application. Only the public prosecutor representing the state as respondent can oppose the plea of bail.
Though if the accused does something that prejudices fair trial or violates bail conditions you have the undeniable right to move for cancellation of bail u/s 439 CrPC.
Hope this helps !
Shonee Kapoor
(Expert) 03 May 2012
Hi Pooja,
I differ with Ld. Bharat, in Delhi the courts allow the complainant to come and submit her side of story.
However, the grant of AB or not would depend upon the arguments advanced by both counsels.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
Advocate Rajkumarlaxman
(Expert) 03 May 2012
As stated by few Experts its only if the grounds by which ABA would be granted would come to end or cannot be abide with bail cannot be granted. put up your story through your advocate as to how if he remains outside would harm you and would create any fraud or cheat then his ABA can be rejected.
Adv.R.P.Chugh
(Expert) 03 May 2012
To clarify - Judges do allow the complainant to put her side of the story, though not a strictly legitimate practice, because - More often than not they are, after interim protection, trying for a reconcilliation for which both sides are to be heard.
As regards the question of bail, the court does not act at complainant's ipse dixit.
ajay sethi
(Expert) 03 May 2012
you should not oppose the bail . no doubt your husband has been very unfair to you has assaulted you . it is in your interest to get rid of him by mutual cosent divorce .
ultimately he will get bail in the case . at most you may be able to keep him for some time in jail
Sankaranarayanan
(Expert) 03 May 2012
The bail play is in the mind of judge .If the judge is satisfy then he can grant bail and not.
