Regarding regular bail vs stay on arrest
Shruti
(Querist) 11 April 2012
This query is : Resolved
Hello all,
A 498a case has been slapped on me and my family by my wife. A FIR is filed and I have obtained an anticipatory bail on the same. The police are refusing to execute the bail orders, they are asking for my passport which I am not ready to give.
I am planning to apply for a regular bail so that I don't have the hassle of getting arrested and released on anticipatory bail since I cannot submit the passport.
Some people do talk about getting stay on arrest too. What is the best option under the current circumstances, can anyone please suggest.
What would be the cost to obtain a regular bail or stay on arrest. How many days would that take to obtain.
Please suggest other alternatives if any.
Thanks in advance,
Kiran
Deepak Nair
(Expert) 11 April 2012
As you have obtained anticipatory bail, the police cannot arrest you.
You can obtain regular bail once the proceedings starts in the court.
You need not submit your passport with the police unless there is a court order to that effect.
You need not obtain stay on arrest when you already have anticipatory bail.
Adv.R.P.Chugh
(Expert) 11 April 2012
Dear Mr.Kiran,
As Mr.Nair said - if the court has not imposed the condition of impounding of passport - you need not do the same. If the court has, then your remedy lies in opposing the order in appeal HC or SC as the case may be - challenging the condition to be ONEROUS. Your correct remedy lies in challenging that order and filing for stay of arrest or regular bail is not possible.
Trying to circumvent court's order by filing different proceedings won't go down well for your case - remember that.
Feel free to talk!
SAINATH DEVALLA
(Expert) 11 April 2012
Dear Kiran,
Once the anticipatory is secured,the police cannot touch you.They cannot act unless on an order from the court.Now you have to act only as per the directions of the court.Every thing depends on the authenticity and validity of your defence.
PARTHA P BORBORA
(Expert) 11 April 2012
as your pre arrest bail in granted you must be realese on bail in the event of your arrest in connection with your 498 A case. So, if police not intending to execute bailbond it means they are not going to arrest u. So wait until they arrest u and in the event of your arrest just produce the pre arrest bail order. They must allow you to go on bail in the event of your arrest, so just wait and see.
Shruti
(Querist) 11 April 2012
Thank you everyone for your valueable inputs.
I was just trying to find options, that is all.
I did read couple of supreme court judgements which talk about even the courts not having the authority to impound the passport as passport act overrides CrPc.
In the Anticipatory Bail order there is no mention of obtaining the regular bail. An advocate whom I met today told that these days the bail is being granted in the police station itself and I don't need to obtain a regular bail at all. The police generally do all these things to extract money is what my advocate said.
I cannot wait because I have only 15 days time period. If that lapses the inspector will come and arrest me. So within that time period I need to do something.
The advocate whom I met today said I can put an affidavit in the court of law mentioning the inspector's refusal to obey the court order and demand of passport. Then the court will direct him to execute the bail order is what he suggested. I didn't ask about stay on arrest as he said regular bail itself is not needed.
Any other inputs or opinion on this is highly appreciated.
Regards,
Kiran
Shonee Kapoor
(Expert) 11 April 2012
This may be the right way.
Also, if the passport has not to be surrendered as per court order, police officer is wrong in asking for the same.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
Shruti
(Querist) 11 April 2012
This is what the court order says,
------------------------------------------
The bail petition filed by the petitioners under section 438 of Cr.P.C is hereby allowed
That the petitioners are to be released on bail on executing their personal bond of Rs. 25000/- each
with one solvent surety for like sum in the event of their arrest by the respondent police, bengaluru
for the offence punishable under section 498(A) of IPC and sections 3 and 4 of DP Act only if the case
is registered within 15 days from the date of this order with the following conditions:
1. This order shall remain in force for a period of 15 days from the date of this order. This order shall
become infructuous if no case is registered against the petitioners for an offence punishable under
sections 498a of IPC and sections 3 and 4 of DP act within a period of 30 days.
2. That the petitioners shall not tamper with the prosecution witnesses either directly or indirectly.
3. That they shall appear before the police station once in a month preferably on Sunday in between
9:am to 5 pm till filing of charge sheet.
4. That they shall co-operate with the investigating officer as and when called for the purpose of
investigation.
5. That they shall appear before the concerned court regularly on all the dates of hearing without
fail.
6. That they shall not leave the jurisdiction of this court without prior permission of this court.
-------------------------------------------
What I would like to understand is that for surety can fixed deposit bonds be submitted. What is acceptable as solvent surety. Can someone throw light on the same. Everyone is telling different things we are not sure of things.
Raj Kumar Makkad
(Expert) 12 April 2012
I have also the similar opinion as of my expert friends on this subject.
Deepak Nair
(Expert) 12 April 2012
You are well and sifficiently advised by the learned experts above. Hope you are satisfied.
prabhakar singh
(Expert) 13 April 2012
What I would like to understand is that for surety can fixed deposit bonds be submitted. What is acceptable as solvent surety. Can someone throw light on the same. Everyone is telling different things we are not sure of things.???????????????
yes is the answer without doubt.a sound suerty in law is one who can honor what he undertakes to perform on his own and nothing
can be a great proof than his fixed deposit certificate.
