Mohammed Khan (Engineer) 12 August 2017

498a - NRI Anticipatory Bail Information Request

Dear Lawyers,

I am an NRI victim of false 498a case, staying abroad since number years. My ex-wife filed 498a case recently in India (after 2 years of Talaq issued as per muslim divorce rights), against me and my family memeber.

We went for QUASH in high court which is currently in pending. Could you please advise whether I can apply for Anticipitory Bail in sessions court through attorney while the 498a Quash petition is in pending in high court?

As per the APEX court recent judgement, bail should be granted on the same day and no personal appearance is required for outstation members. Please advise as I have my passport renewal soon and to do that I will need NOC from Court to issue the passport. You advise is very much appreciated. Many thanks.

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4 Replies

Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 ) 13 August 2017

The Supreme Court has cautioned the High Courts against passing orders staying the arrest of accused if they can’t quash an FIR even if the allegations cited are not true. At the most, the High Court can grant anticipatory bail while allowing investigation to proceed, the court held. So file a petition for anticipatory bail.

P. Venu (Advocate) 13 August 2017

Seeking AB, if the charges are really false, could be counterproductive.

Mohammed Khan (Engineer) 13 August 2017

Thank you very much for your reply.

My issue is with the renewal of passport. Can I make Red Petition to pass order to passport authority in order to apply for passport?

or Anticipitory bail itself enough for the same? Could you advise? thanks.

Sudhir Kumar, Advocate (Advocate) 15 August 2017

You are already aware of the apex court orders You have neither stated reference of the said decision nor given facts of the case. So it is a riddle if the judgement in your mind is helpful in your case