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dith (professional)     06 June 2009

498 bail issue

case: 498a FIR by inlaws

status:   bail hearing postponed in district court.

judge postponed hearing because in-law/their lawyer were not present. Is this normal procedure?

question:  is there any danger of warrant being issued before hearing date?

what can one do to prevent such action. judge has refused stay petition.



Learning

 6 Replies

adv. rajeev ( rajoo ) (practicing advocate)     06 June 2009

Parties are not necessary at the time of hearing on bail application.  It is not clear in your question whether it is anticipatory or revision against the order of the lower court.  It is not clear in your question whether parties bail application is rejected by the lower court.

 If the bail application is rejected by the lower court, cr., revision will be filed agsint that order in the Dist., Court.

If u have applied for the anticipatory bail for the parties, it is not necessary to be present in the court at the time of hearing on bail application.

No warrant will be issued to the parties.

Binod Kumar Mishra (Government Service)     06 June 2009

Dear dith,

parties are not required to be present physically in court while their AB hearing was going on usually. yes if the lawyer of any party does not present in the court room, then the concern judge can defer the case by another date because in criminal nature of case, both parties are usually expected to be in court because the opponent lawyer was definately served with the copy of bail petition.

dith (professional)     06 June 2009

Thank you for your replies, Rajeev and Binod.

Rajeev: This is the first attempt to get AB. The AB is being attempted in district court. Bail application has not been rejected. But hearing has been postponed because the lawyer from the in-law side (the ones who filed 498a FIR ) was not present.

Still not sure if one is danger of being issued an arrest warrant between now and the next hearing date?

Also, if lawyer from opposing side doesnot show up again for the hearing, while the hearing for AB be postponed again? Is there any solution?

Thank you so much for clearing the confusion.

B.B.R.Goud. ( Faculty)     06 June 2009

parties are not necessary to be present physically in court at the time of hearing goes on.  yes if the lawyer of any party does not present in the court room, then the concern judge can defer the case by another date because in criminal nature of case, both parties are usually expected to be in court because the opponent lawyer was definately served with the copy of bail petition.

jmale (sdsd)     07 March 2010

Sathyama Jayathe ! Innocents will never face any issues. Our great law will protect us. Mera Bharat Mahan !

Having said this (lol .. lmao)

My advice: get a gun / cynide and use it against all their family members not just your better half :).

Take care of evidence:
Phone( simcards registered in dead people's name - destroy sim card after job + even the mobile (because even IMEI no can be tracked) ), if you are using hitmen get them from outside town( north get south south get north),do not show face , get small number of people .. 2 maximum (large groups r not effective)
if you have enough cash pay police and get the job done by them (yep .. :) ), if you are such a cash cow, then do one thing .. get arrested n go to jail and do all the above and below mentioned points from there, after mission is executed + 2 weeks come out n go to a long picnic not with parents (let your parents go alone)

its better to face a murder charges in court than 498a

i will explain how: court is full of corrupt people .. after the murder .. you will be in jail (if chargesheeted - if you dont cover your tracks - if you dont get AB (its easy to get for murder than in 498a :) )) for some time .. if you are such a nut that you have not taken care of above, i suggest surrender in court with media - cry and say that you are being framed and get bail - enquire about the judge and APP - bail will be easy -  then pay some bribe to Additional PP .. he will not oppose bail . once you are out of bail .. then its very easy .. to break the case ..

in jail - eat special food (you have to pay), there will be god fathers - be friendly - but dont be a jerk and start showing off - like dont tell everyone you are Sun tuzu - keep mouth shut and cry (good for your eyes) , stay in addmision ward (not with criminal - there will be brokers - mostly the doctors - they will ask 5000 you say ok - pay in instalments), dont fight with anyone, if your jail has games like carrom play it, listen to other's stories and develop your knowledge - question how they could have escaped, dont do manual job in Jail (even if police hits you - earn respect), speak in english to jail supernindent, and do excercise ( join the long timers - foreign nationals for drugs - they will teach you new techniques in excercising)
- dont drink in jail - sleep properly - smile and be merry - but if attacked (not threatened, but attacked) break the opposite guys head (he should not die though :) ) - you can get hospital for this :) .. - study - think of big thing, real big things, you will be surprised how Jail can teach you - yours is a petty case - but you are in a place better than 1000... IIT/IIMs puttogether - make best use of it .. like I went to the meditation hall too :) !! and argued the concepts the teachers told us in english ; the astronishment of other undertrails was so much - i earned respect - I have been to many countries - seen many great things .. but let me tell you mate, nothing like Jail .. I love Jail :) !! ..

God has choosen you to undergo this training (not punishment) for some purpose - search that purpose.

there are many ways to get out of jail .. medical (giving money to jail people - they will take you to hospital - where you can eat sleep study etc - dont flirt with the nurses .. remember dog :) .. they are there for service not for fun .. they are not 498a wifes )
consult a advocate before and after you do the thing .. and be carefull with the advocate .. he should not blackmail you .. plan everything ..

this route:

no need of divorce - no need to fear or running behind dogs -You dont have to waster n years, get into depression or watch your parents age out and die ..

and during murder case,its you vs police( who dont really care after chargesheet and who are overloaded represented by the Additional PP who is generally corrupt to the core) .. but during 498a its you vs pack of real big dirty dogs( represented by efficient lawyer who will take money from both sides)

P/s: my advice is not logically arranged, not properly worded, i just wrote what came to my mind, hey you are free to ignore it - you have n number of dear advocate friends to advice you -follow them - iam not pro/against anyone advice - i wont debate if anyone contradicts me (no time :( ) !! - Just remember (convict) Rathore is f***king abha rathore in AC room, while you are reading this :) !!


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