Pleading guilty- in 498a
Amar Kumar
(Querist) 04 June 2014
This query is : Resolved
I am asking this query on behalf of a very good friend who is a marine engineer.
He got married about 4 yrs ago. He also has a child. Since he had to spend 6 months in sea, his wife did not stay at her matrimonial home when he was at work. She did not even stay at her parents home but at her brother in law home. This was the reason of diff. between them. My friend filed RCR to bring the matter in front of the family judge. But this made the girls side angry and they barged into my friends house and beat him black & blue and also got him arrested by managing local police station.
Later he was slapped with 498 A. By the time he knew about the case an arrest warrant had been issued. He had to go underground to file to AB. The matter is in high court and there is an order to not arrest him. But the bail hearing and mediation is going on for last two yrs in high court and he has spent about 8 lakhs till now. The other party is too vigilant and have been delaying his bail orders by opposing the bail and taking dates. He is the only earning member in his family and his career is on the verge of being destroyed.
The court is most likely going to reject his bail plea because he is not ready to accept the girl. In the mean while the
cognizance has been taken in his case. The girl is working and is fit and fine. The allegations in the FIR is also not grave.
Now my friend wants to somehow get out of this mess as soon as possible because he is not in a financial position to continue the fight. He wants to know whether there is a possibility that if he pleads guilty, he can be let off with a lighter sentence or only fine. He is exploring this option to save his job and many years of his life. He is even willing to spend few months in jail.
Please advice. Kindly feel free to ask any further details about the case if needed.
Devajyoti Barman
(Expert) 04 June 2014
There is no need to plead guilty as punishment is awarded after completion of trial , not now.
Rather get the bail petition heard fast so the outcome is known. Since he is in private job no harm would be caused if he is put into custody.
So after passing few days in custody he can easily join his job and earn his livelihood once again.
Amar Kumar
(Querist) 04 June 2014
But sir as a part of his job, he has to be on ship for continue 6 months. How will he be able to attend the court dates?
Devajyoti Barman
(Expert) 04 June 2014
He need not be present on each and every dates.
Once bail id confirmed his presence is not required at least for 6 months or till charge sheet is submitted.
Even after submission of CS his presence on court dates on each occasions can be waived.
Amar Kumar
(Querist) 04 June 2014
Yes he wants to get waiver from attendance, if possible. But then he will have to trust his lawyer completely. His experience till now with his lawyer is very bad. His lawyer even lost his original papers like NC which he did in court after the beating. But that can be managed with a change in lawyer.
What are the chances of getting such waiver from court in 498 cases. The girl side asks for orders to not let him go outside india from court on each and every hearing. They very well know that if they can stop his earnings, he will have to kneel down on their knees. The 498A was also filed when he was on ship.
Rajendra K Goyal
(Expert) 04 June 2014
Entrust another lawyer, prey for early disposal of the bail application. exemption from appearing can be preyed.
DEFENSE ADVOCATE.-firmaction@g
(Expert) 04 June 2014
If you plead guilty you may go in for few years and not months.
So instead let the matter go back to lower court where you can apply for bail which will be granted if matter is properly presented.
Contest the case in lower court with expert advocates and there is rare possibility of any conviction particularly in 498 A cases.
Amar Kumar
(Querist) 04 June 2014
Thanks for the advice. My take away is that my friend should forget the idea of pleading guilty and continue fighting the case on merits by engaging competent lawyers.
ajay sethi
(Expert) 04 June 2014
yes fight case on merits . 98%of 498A cases are false . change your lawyer if you so desire
Sankaranarayanan
(Expert) 04 June 2014
yes you can change the lawyer at your wish and fight the case
Shonee Kapoor
(Expert) 04 June 2014
You have been rightly advised on the facts provided by you.
Regards,
Shonee Kapoor
www.shoneekapoor.com
Handphone: +91-8010850498
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If you don't fight for what you want, don't cry for what you LOST.
Raj Kumar Makkad
(Expert) 06 June 2014
Well advised by experts leaving no room to enter.
V R SHROFF
(Expert) 06 June 2014
WELL ADVISED.
He can get Exemption , no need to be present in court, being on high sea.
Not to panic, He may not get any punishment.
FIGHT IT OUT.
iT IS oPEN sECRET THAT :
Those in Army, Navy, Foreign Jobs in usa, kuwait, away from India and earning 10 times Indian salary, are being troubled by Wife in India, to extort money.
it became commercial now..
And Court do take note of this current trend, of harassment of husbands out of India: gold mine : to dig out..
Amar Kumar
(Querist) 06 June 2014
Not only rich people but average guys like me are also harassed. I am a mutual fund agent and my wife wants 1 crore from me because my parents flat value is 1 crore. She has gifted me the whole package of cases. She has claimed that I earn 2 lakhs per month and own a building of my own. Only god can help the husbands of this country.
Thanks to all the experts for their kind advice. It will help us a lot in taking decision.
