Surya (Manager) 06 February 2013

Ab for nri on 498a

Hi,

498a along with 406 and 420 was filed on me 8 months ago, charge sheet not yet filed. I am an NRI and planning to travel to India next month. Before going I would like to apply for AB, if I get AB without conditions then only will travel. I heard that if the police seize my passport it may take more than 2 months to get it back through high court and I'll lose my job here.

My lawyer is saying I am not even eligible for applying for AB from outside India and AB will always be granted with conditions (due to my NRI status surrendering passport is a must).

Is it possible to get the AB without conditions, so that I can come back in a month (due to my job). Can I convince the judge that I’ll cooperate with the investigation and will be available whenever they require me?

Please advise me on what needs to be done based on my situation.

I really appreciate your help!!

Thanks!!

Reply Follow

8 Replies

Sanjeev (Lawyer) 06 February 2013

its risky better you dont visit India as it cant be said that there would be no conditions.

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com) 06 February 2013

Dear Suryathe police or court can not seized your passport, only passport authority can siezed the passport but the court may pass an order to you not to leave india till the final judgement of the case. Bail is the discretion of the court and nobody can pressurized to court, may be court not impossed any condition, think possitive.

Feel Free to Call

Om Prakash Dhusia (HR assistant) 06 February 2013

As has been rightly suggested by Mr. Sanjeev it would be risky to travel to India and you are not any Italian Marine involved in double murder at Kerala if you know the story that how they travelled to their country for christmas despite facing the Trial. Applicability of law differs as per the status of Indians which mean that if you are an ordinary Indian then you could be made to rot in the jail without bail. You are an ordinary NRI and any policeman at immigration at India would grab you from the collar and snatch your passport and you would become handicapped. You would not be granted AB from outside India and if arrive at India then definitely Court granting you AB would put some restriction or may say to deposit your passport, it is no win situation then why to endanger your future? You can travel to Kathmandu because there is no Red Alert corner against you and no visa required for Indian passport holders but again the problem would arise for AB but at least you can arrive safely at India. Get down at Kathmandu, catch some bus to Gorakhpur and travel by Train to your destination if you wish so.

Regards

Rahul Kapoor (Legal Enthusiast) 07 February 2013

hello,

have court declared you PO ?

regards-

rahul.gogreen@gmail.com

Surya (Manager) 09 February 2013

Thanks a lot for the suggestions.

Court not yet declared me PO. (I didn't approach the court). My Lawyer was saying I cannot apply for AB from out side India. Should I be in India to apply for AB?

Rahul Kapoor (Legal Enthusiast) 09 February 2013

hello,

you can apply from india through your lawyer.

regards-

rahul.gogreen@gmail.com

A . K . SETH (ADVOCATE--LEGAL ADVISOR) 13 February 2013

What a nice and astonishing reply by Om Parkash Ji !!!!!!! Practical One !!!!

Om Prakash Dhusia (HR assistant) 14 February 2013

Thanx Mr. Seth for encouragemet.

Ab for nri on 498a

8 Replies

What a nice and astonishing reply by Om Parkash Ji !!!!!!! Practical One !!!!

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