Pranav Kumar Mishra (Exec. Engineer) 18 August 2008

498a victim,, advice needed.

Hi all.. I am yet another victim of 498a et al... The case is similar to many others, so I think there's no need to go into details..

The proceedings have crossed the initial phases and advanced a little.. The chargesheet has been filed.. A petition to quash the chargesheet was presented before the High Court but was rejected.. The summons are about to be recieved in a week or two..

It was not me but my father who was arrested after the FIR, as I was absent from the house.. After that, we appiled for stay on my and my mother's arrest before the HC, which was granted.. After the summons, we will present ourselves before the court and apply for bail...

My question : What are the chances that I will be taken into custody in jail? If the chances are bright, then what is the usual time after which a man, ie. the main accused, is granted the bail? Remember that the chargesheet has been filed and this is going to be my first appearance before the court..

I have some concerns as I work in a PSU, and am liable to automatic suspension from job if the period of custody exceeds 48 hrs..

Regards...

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12 Replies

D.V.RamaKrishna (Advocate) 18 August 2008

Pranav,

U said that after filing of FIR your father has been arrested and released on bail and also that your father and mother have obtained interim stay from high court from any further arrests. U also stated that at that time u were not taken into custody as u were away from home. That cannot alone be the reason. Arrest will be made based on the severity of charges made against a person in FIR. So if your name figures as one of the prime accused, then it has to be seen if any warrant of arrest has been issued against you or not. If it has been then it is better if u surrendere yourself before the concerned magistrate and obtain regular bail. If there is no warrant of arrest then all depends on the contents of the charge sheet.

As said earlier if the charges levelled against any person are of serious nature then the police can taken into custody of that person for further inquiry. In your case since charge sheet has already been filed, after u recieve summons from the court and after ur appearance the court may either order to remand u to judicial custody or may even let u off by taking necessary bonds for ur regular appearance before the court during the trial period. Hence everything depends on the gravity of charges levelled against u and ur parents.

After appearance in the court either by the accused himself on receipt of summons/warrant or by being presented by the police, if the magistrate feels necessary for detention of the accused, he may order for a judicial remand of not less than 14 days. In between those 14 days of judicial remand the accused can present a petition for release on bail which may or may not be granted.

Above all those I stated earlier, please try to settle your matter amicably by having negotiations with your wifes side and see that the case filed against you and parents is withdrawn.

All the best.

KANDE VENKATESH GUPTA (ADVOCATE) 19 August 2008

As you said, charge sheet is already filed and you have obtained orders not to arrest you and your mother. In that view of the matter, you will be receiving summons from the court and you can defend your case. If orders staying your arrest is in force, you will not be sent to jail till conclusion of trial and your finding guilty.

K.C.Suresh (Advocate) 20 August 2008

Dear Mr. Pranav, As I followed from your query , yours and your mothers arrest is stayed by HC. You and your mother got that protection. Now process is issued from the court. You will get bail. Then you conduct the case. Abiout the final outcome of the case you need not worry now. At present there is no reason what so ever to arrest you.

Rajan Salvi (Lawyer) 23 August 2008

The High Court has granted you bail. Fine. Look up the order and do not violate any of the conditions imposed by you while granting bail. Remain present for al dates so taht NBW i not issued against you. At the time of judgment be care ful and vigilant. Specifically seek time to appeal and till that tim operation of the order be deferred.

Srinivas.B.S.S.T ( Advocate) 23 August 2008

Sir as per the information
provided by you the High Court has only stayed your arrest till filing
of the charge sheet only. After the chargesheet is filed yourself and
your mother has to apply for regular bail. As Section 489-A is
non-bailable, it is the discretion of the magistrate whether to grant
bail or not. I think that as the High Court has already stayed your
arrest till filing the charge eheet the magistrate will grant you bail
in a day or two basing upon the practice of the court. First you
contact a local advocate and findout the practice of the court. As I my
self has observed for the past seven years of my practice, some
magistrates tend to grant bail in a day and some tend to keep the
accused in remand for a day or two before granting the bail.

Kiran Kumar (Lawyer) 23 August 2008

Mr. Srinivas has given a apt reply.

generally the High Court grants the concession of Anticipatory Bail till the filing of Challan/ Chargesheet under S.173 Cr.P.C.

since the chargesheet is submitted to the court in your case, u ll ve to appear and seek Regular Bail from the respective court. Generally such applications are decided same day.

dont worry, take help of a local counsel.

deepak kumar (Advocate) 23 August 2008

you have the option of going in for Anticipatory bail consult your counsel on this

Pranav Kumar Mishra (Exec. Engineer) 23 August 2008

Thanks everyone for comments / advices.. As I get it, it is ultimately on the megistrate how he decides.. And also the place and its practices.. A judge of UP (where dowry harrassment was quite common in past) must think differently from a judge of, say, Tamil Nadu..

Thanks a lot.

Guest (n/a) 23 August 2008

Respected sir

I want ur suggestion about my case registered & charged framed under 498A,304B,406 &34IPC upon me (Alok). My father & mother in my case.my wife had got burn 80% as per MLR civil hospital ambala cantt was admitted by me .At the time saving to her I also got burned 15%as per MLR report of civil hospital ambala cantt.Both of us are shifted GMC sec-32 chandigarh on the same day for futhre treatment. on 06 august magistate 1^st class take my wife statement under 164CRPC(dying declartion).

1^st STATEMENT

Q:- Do you want to make statement ?

Ans:- yes.

Q:- Are you giving ur statement with any pressure or inducement?

Ans:- yes.

Q:- how u got burn?

Ans:- There was no electricity supply.I was going to warm the meal . I by having a lamp was going to enlight the gas burner. The lamp fall from the hand with the other hand I was going to put on the gas on the other hand . Gas leaked before I could picked up the lamp I got fired . There was none to help me. I am cried loudly.Husband &other were out side .All came running &then extinguished the fire. My husband also got burned .

Q:- Do u want to say something else?

Ans:- Nobody had put me on fire &I got burned by chance accidentally.

Q:- Do u want to say something else?

Ans:- no.

On 8^th august the father ,brother&cousing brother of my wife moves a application to police for 2^nd statement . The application was written by my wife”s cousin brother Sanjay Singh.Now the letter is also a part of challan .In that letter they said that 1^st statement was taken under pressure . So u take 2^nd statement in front of her parents. 2^nd statement was taken by magistate on 8^th august 2007.

2^nd statement :-

Q:- Do u want to make statement ?

Ans:- yes.

Q:- Are u giving ur statement without any pressure or inducement?

Ans:- yes.

Q:- how u got burned ?

Ans:- there was no electricity supply.i had gone to kitchen to prepare meal . My mother-in-law Kumud Choudhary came from behind with my father-in-law .My mother-in-law poured kerosene upon me .I wanted to run it was poured in front also.The matchsticks after having been enlighted was thrown .My mother-in-law got the matchsticks through her niece nickey. And after lighting the same it was thrown upon me . I ran while crying then my husband gave a push to me I fall down having become unconscious. thereafter , I do not know ,who had brought me to the hospital .

Q:- Do u want to say something else?

Ans:- I had demanded my mobile from my dewer in order to ring up my broyher . Mobile was not given & an excuse was put forward .I do not want to say anything else . Then starting from the very beginning they were saying about dowry that dowry has not been given to the extent as they had demanded.

Q:- Do u want to say something else?

Ans:- no.

As per that statement record a case under 307,498A,34IPC.on 10^th august 2007, we also try for 3^rd fare statement but police does not take any action . On 11^th we moved the application to SP for 3^rd statement . Before any action taken by police my wife dead on 11^th noon later.

On my younger brother Anand &little girl Nicky are found innocent in police investigation . On may 2008 my father get bail from Punjab&Haryana high court .Now after one year ,our main witness are completed. as per my father-in-law.&brother-in-law statement deceased was harrashed by us for we killed him . At the time of crossing they started that they dosenot know any dying declaretion either 6^th or 8^th august .They also said that ,they did not move any application to police for 2^nd dying declaration. But as per police challan the relatives of decessed moved application for 2^nd statement.The letter is written by cousin brother of deceased is also attched with challan copy .

In the last,I REQUESTED to u for your precious suggestion to ME . “How we handle our case” Please give us suggetion with REFERNCE CASES as early as possible in my E-MAIL adders adarsh_choudhary2002@yahoo.com

THANKING YOU

Alok Choudhary