Anticipatory bail condition relaxation
suhas
(Querist) 31 May 2014
This query is : Resolved
Dear Sir.
one person filed false FIR against My Mother In Law and her business partner , My Wife and Myself charges ,420.
my wife and i are no way related in their business and we are staying in different cities.
My mother in law and her business partner got arrested and were sent to the JC .After a week , both of them were granted regular Bail.
My wife and I got Anticipatory bail mentioning we are not finding any kind of involvement . But In bail condition Judge has asked us to appear to the police station on Monday and Thursday every week until the investigation is Completed .
.
Now it is almost 2 months we are appearing to the police station travelling 365 km with my 2 year old baby and till date police has not taken any kind of statement from us.
Also They make us wait several hrs. until the Inspector arrives. and inspector starts harassing us saying he would put for bail cancellation if we did not issue a cheque.
We have pleaded the inspector about this and he is having no mercy towards us.
My wife has resigned her job as she cant take leave for 2 days in a week.
Please let me know whether we will get relaxation from the weekly appearing.
Also Please let me know what will happen if we will not appear to the police station.
Thanks and Regards
Suhas Rao
Devajyoti Barman
(Expert) 31 May 2014
Go to high court u/s 439 crpc and ask for relaxation f bail.
Your case is not so grave as far you are concerned for which such strict condition is to be imposed.
The high court would surely grant you relief.
suhas
(Querist) 01 June 2014
Thank You DEVAJYOYHI SIR..
Raj Kumar Makkad
(Expert) 01 June 2014
Court can definitely review its conditions subject to your application and if justified, the desired relaxation can also be provided but discretion is solely of the court concerned.
T. Kalaiselvan, Advocate
(Expert) 02 June 2014
Yes you can file a petition before the same court which granted you the AB for relaxation explaining the circumstances and hardships being faced, if your application is rejected in this court, you may approach high court with similar application or a revision petition.
Raj Kumar Makkad
(Expert) 02 June 2014
If court gets convinced, the condition is definitely changed.
