Need help in 498A
Bharat
(Querist) 26 November 2009
This query is : Resolved
Hi,
Presently I am in USA since 7th April 2008 and someone from my relative filed 498A case against my family and also included my name in that on July-2008. That time all my family member got bail but as I am in USA, so police marked me as "Farar (La-Pata)". Now I am planning to go back to India for one month and want to come back to stay in USA until my Visa gets expired (it will expire in Oct-2010).
My Questions are:
if I go to India then would my passport be taken by Police? or suppose if I get a bail then would I be able to come to back to USA?
What are the options opened for me?
Please guide on this.
Raj Kumar Makkad
(Expert) 26 November 2009
Before going to India, you should send some proof to the court through your counsel that you are not FARAR rather ae already residing in USA (prior to the filing of the case)and undertake therein to face the trial. It shall falsify the version of the police.
When you come to India, seek bail in the case and then seek permanent exemption due to your job/profession in USA. If you pray for that, court may allow you to go to USA and come as and when required. In such case, your passport shall not be deposited by court/police authorities.
Bharat
(Querist) 26 November 2009
Thanks Raj for your reply,
But as suggested will everything happen in 3 weeks (I am planning to stay in India for 3 weeks)?
Also how many chances are there that court may allow me to go to USA?
Silabhadra Sastry Advocate
(Expert) 26 November 2009
Mr Bharat, in this peculiar circumstances you can ask your local lawyer to moove an anticipatory bail for you u/s 438 Ciminal Procedure Code.But you must send him all details about you and your stay in US and should send a vakalat Nama to your Lwyer, thereby giving your permanent address in India and present residence in US.This is to avoid your anticipating arrest in India after you arrival.After obtaining bail you can approch the court to ammend the conditions if any laid in your bail order which restricts your moove to US.Silabhadra Sastry,Advocate,Bhubaneswar,Orissa,shastry.adv@gmail.com
bail for all call-9811443969
(Expert) 26 November 2009
in my view as your case is seen you are declared as P.O under sec 80/82 CrPC which means you can be arrested any where in india by any police or civilian person and sent to the judicial custody. the solution is that you consult a cousel to cancel the P.O proceeding first which enable you to freely avail yourself for further proceeding of trial. than apply for permanent exemption and allowance to visit USA.
yes the matter will offcourse will be settle if there is mutual consent divorce is taken place between the parties and you reach india only when there is quashing proceeding u/s 482 in high court is going on.
Devajyoti Barman
(Expert) 26 November 2009
The seizure of passport can only happen if the police chance to arrest you. In your case anticipatory bail would not be allowed unless you come to India first. So my suggestion is come to India first and then either apply for anticipatory bail or for regular bail after making surrender. If the Charge Sheet is already filed then you would not face any trouble to get bail.
