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Rajkumar (Sales)     01 August 2012

498a and 306

Dear respected sir,

One of my close friend hv been charged with 498A and 306 by his FIL family. His wife ended her life 2 years back.

Trail started and all witnesses or evidence were cross checked by PP ,my advocates.

Now the honourable judge is posted the matter for final judgement.

I have one question to all respected advocates in the forum :

  1. Sir, if in the final judgement by honourable FTC judge, if he gives the judgement against my friend - can we apply the anticipatory bail for this ???
  2. DO they arrest immediatley or will give some time to go for higher courts ??

Kindly reply us back.



Learning

 5 Replies

Anish Thakur 7018812737 (advocate)     01 August 2012

dear raj kumar,

apply for anticipatory bail as soon as for your friend and his family

they will get arestted as soon as after the jujgement delivered against him , he can apply for appeal in higher courts from jail

feel free to call

Rajkumar (Sales)     01 August 2012

Dear Sir,

Thanks for your quick response.

Is it possible to apply for the anticipatory bail ?? since the accused is already in bail during the whole trail which was happening from last 2 years.

Now the trial has come to the end stage, expecting the final verdict from the honourable judge in couple of days.

If the anticipatory bail possible in the above secenory then what will be the procedure sir ??? How and which section we should tell to his advocate so that they can do the needful.

 

 

Adv.R.P.Chugh (Advocate/Legal Consultant (rpchughadvocatesupremecourt@hotmail.com))     01 August 2012

No the remedy of anticipatory bail is not applicable in such a case. I differ with Anish's advice. In such a case in case the judge reaches the conclusion of conviction - you prefer an appeal and seek bail or even suspension of sentence or conviction u/s 389 of the CrpC.
1 Like

Rajkumar (Sales)     01 August 2012

Dear Sir,

Thanks for your valuable reply.

As per your instruction we understood there is no provision for anticipatory  bail for above such cases.

IN case of convition, accused arrested or taken into custody immediately ?? Does 389(3) or any other IPC section gives us to appeal immediatly for bail or take time for taking custody ??

regards sir

Sudhir Kumar, Advocate (Advocate)     15 August 2012

what was the gap between marriage and death.


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