Advise please

1. After this order is passed you would need to move your bail application in the trial court attaching a certified copy of the HC order. The magistrate concerned will grant you bail on the same day without going into the merits of the case. This will not be a final bail and the order might contain some conditions on you like co-opearating with the IO in investigation of the case and may direct you to appear in the police station every week or any other condition CJM deems fit.

2. The mediation clause seems not present in this order so the final hearing date would be specified in the order within which the Public prosecutor would be obtaining a police report from the IO concerned. IO might give a point in the report that recovery of some articles is pending from you and bail should not be granted.

3. On the date of final bail application your final bail plea will be decided and in case rejected you will be taken in judicial custody.

4. Be sure to carry two sureties as this would normally be a condition to even Interim Bail.

Aptly replied by Sanjeev,

This would actually mean that unless the court rejects your bail application, you would not be in Judicial Custody during the pendency of the bail.

Regards,

Shonee Kapoor

Dear Sanjeev/Shonee,

Thanks for your response.

On 1- Refer to Investigation by IO, is there any relief for co-accused/female members from personal appearnace?Is there any exemption form personal appearnaces after interim relief(bail on same day is granted)?(Accused/Co-accused reside quite far & wil have to travel 1000 miles )

On 2- The IO may say that Bail should not be granted because recovery of streedhan is pending. As of now no list (stredhan) has been placed on record. The streedhan will always be debated and in that case IO will defintely put this condition- what is the way out?

Usually how much time is granted between inetrim relief & Final Bail??? The case here is a Complaint case (No FIR/No Chargesheet) logded in District Court & NBWs issued againt accused/co-accused on account of non -appearnace to summons earlier issued.Can HC quash/recall NBWs??then what will be the proceedings in the trail court.

Can some prayer be made in the Honorable SC against the orders by HC? Usually under which section & what are probable outcomes..(pray dismissed....matter referred to mediation SC..etc)

Thanks in advance

On 1- Refer to Investigation by IO, is there any relief for co-accused/female members from personal appearnace?Is there any exemption form personal appearnaces after interim relief(bail on same day is granted)?(Accused/Co-accused reside quite far & wil have to travel 1000 miles )

NO RELIEF OF PERSONAL EXEMPTION UNLESS SOUND MEDICAL REASONING DURING BAIL PROCEEDINGS.

On 2- The IO may say that Bail should not be granted because recovery of streedhan is pending. As of now no list (stredhan) has been placed on record. The streedhan will always be debated and in that case IO will defintely put this condition- what is the way out?

Usually how much time is granted between inetrim relief & Final Bail???

THIS HAS TO BE FOUGHT ON MERITS, WHAT ARE THE ALLEGATIONS IN FIR? HAS ANY STRIDHAN LIST ATTACHED? IF NOT, HOW CAN THE SAME BE A PART OF RECOVERY PROCEEDINGS?

THOUGH IN ALMOST 100% OF THE CASES, THE I/O WOULD ASK FOR POLICE CUSTODY FOR RECOVERY OF STRIDHAN AND IN NO CASE, WOULD I/O ASK THE COURT THAT ACCUSED BE ENLARGED ON BAIL.

The case here is a Complaint case (No FIR/No Chargesheet) logded in District Court & NBWs issued againt accused/co-accused on account of non -appearnace to summons earlier issued.Can HC quash/recall NBWs??then what will be the proceedings in the trail court.

YES, ON GROUNDS AVAILABLE BY JUDICIAL DICTA IT CAN QUASH NBW.

Can some prayer be made in the Honorable SC against the orders by HC? Usually under which section & what are probable outcomes..(pray dismissed....matter referred to mediation SC..etc)

WELL SC RARELY ADMITS SLP ON THIS GROUND AND THE SAME IS VERY COSTLY AND TIME CONSUMING. SC HAS BEEN GIVING THE SAME DIRECTION AS HC HAS GIVEN IN YOUR CASE MOSTLY. SO DON'T WASTE TIME AND MONEY WOULD BE MY ADVISE.

REGARDS,

SHONEE KAPOOR

HARASSED.BY.498A@GMAIL.COM

The best option for you is to get your case referred back to mediation either at Allahabad or local mediation that will provide longer relief to you but since you missed last mediation and there is too much time after your petition was filed and there would have been a mediation failure report so less chances of refer back.

These pending cases keep on moving and normally dont get listed for months- unless other side is pushing through there lawyer to get the case listed and getting stay vacated. Try to hold it there for some more time.

Dear Sanjeev,

I m afraid but all you said is true. The chances of getting it referred back id dim as the opposite party counsel has said that the party doesnot want mediation. The intention of the opp party is to refer the case back to the trail court out in their city & then to somehow pressurise the accused /co-accused during the proceedings of the case.

The accused anticipated threat to his life as well, hence wanted to contest at HC. Is there no way by which the accused can transfer the case to some other neutral place? Can co-accused pray for quashing their proceedings/NBWs at HC ?Can accused move TP in HC? would they get connected with the present case?

Advise pls. 

Case Background:

Marriage took place 3 years back. Complaint Case of 498a,323, 504 ,506 sec3/4 filed by wife against Husband & his family 3 years back. Husband prayed for criminal revision of proceedings in High Court, a year back. Matter referred to mediation. Wife then filed for Divorce u/s 13 (1) HMA in family court, a year back. Matter referred to mediation.

The proceedings are happening legally but parallelly the opposite party is trying to pressurize the accused & co-accused by  threatening the husband & his family members so that they agree to their T&Cs. Husband believes in the legal proceedings & did not care about these threats. Now the opposite party has written letters to various official departments challenging the death of the father of husband (who died 10 years back).They have gone to the extent of challenging the legal marriage of Husband’s Father with Husband’s mother. The mother got the job after the death of her husband (entitlement to dependents) 10 years back.

Though this is a case fit for defamation & damages, but can anyone advise to husband on way forward. The opposite party has used very cheap tools but can husband take any action legally???

The main problem for which you should direct all your energy is your and other accused bails. Dont indullge in filing any cases on the other side that will be a waste of time and resorces.

- once your stay gets vacated you will need to secure Interim bail for all accused just do some background work for securing regular bails- like arranging 2 sureties each plus arranging any evidences ( may be some photographs with your wife in better times) etc in consultation with your local lawyer.

- this is the most critical stage for you after securing final bail it will be lot easier but at this stage when your bail are at risk - the other side would not be in a mood to compromise.

This is the time to be in defensive mood than to be in offensive mood. Do all the groundwork like finalising good trust worthy lawyer. If the HC order says that Interim bail should be granted on appearence so it will be granted and no chance that it can be rejected but the preparation should be for final bail that is most crucial for you so no need to worry about the NBW's.

Once the bail is done than only think about any other case to file which is anyways useless to file so just defend.

Sir,
I got to know that my credit card bank has sent a lawyer notice to me about not paying up some amount. I actually lost the card and called the bank to tell them, they asked me to file FIR to investigate the charges, I'm actually in UK and will be here for another 3yrs and I told them that I can't file FIR until I return. Now they are asking me to pay more than what is due, the collection agents have arrassed the tenants who now live the address I lived. I had given them my email address before I left just in case. I don't know how to deal with this please help. Thanks

Indian Citizen,

I have replied to this query somewhere. 

You should issue a notice of defamation immediately. There is something called "timing" which is very important in life.

A stitch at time, saves nine. You would have heard it.

Regards,

Shonee Kapoor

harassed.by.498a@gmail.com