After chargesheet and charges framed is a.bail required

Once you have approached the High Court, persue the same there only.  Convince the court not to insist on payment of one time settlement as you do not have lumpsum money and you have lot of private debts.  You can also state that a NBW has been issued on the opposite party for not appearing the court in respect of 498a case. 

Once you have already started appearing before the lower court for facing trial in the 498a case, what was the necessity for applying AB for the same issue? You can approach the same court for regular bail. The court has got no rights to insist on one time settlement for grant of AB as a precondition.  You have been misguided or have been not properly represented.  If you find that your lawyer is not cooperating or is incapable of handling the issue, better change him instead of retaining him at the cost of your future.If you have applied for regular bail, you may withdraw the AB, but with a cautious approach.

HI T. Kalaiselvan Sir,

 My provisional bail was granted by High Court and after that i took the charges in the lower court and started attending the lower court dates. 

                        My bail was rejected in lower courts so , i had to apply in the HIGH Court for my bail and stay on arrest , SO in January 2014 i got my provisional bail on a condition to pay my wife every month a sum of Rs 750. which i am duly doing every month. Now i am being on the verge of extortion for rejection of my bail in the high court for a condition Of One Time Settlement.

                                          Would require some of your Expert advice in this context.

Thanks and Regards

Agree with Mr. Kalaiselvan,

Please apply in High Court U/S 439 CrPC for regular bail. Please see my posts bellow.

https://www.lawyersclubindia.com/forum/Fight-against-misuse-of-498a-ipc--103100.asp#.U6gslUCm9dg


https://www.lawyersclubindia.com/forum/Best-way-to-fight-against-false-498a-103111.asp#.U6gsRkCm9dg


https://www.lawyersclubindia.com/forum/details.asp?mod_id=104564&offset=1

Rahul,

Your can withdraw your AB application and apply in trial court for regular bail. In the instant case, the trial court would have to enlarge you on regular bail as the Chargesheet is already filed and there is no threat of accused absconding.

If need be, you may use "Court on its own Motion Vs CBI" for getting regular bail after Chargesheet. Though it is a Delhi HC judgment, but you may search similar judgments from your HC as well.

Bani,

How can he appraoch HC u/s 439 CrPC? He is not under Judicial Custody and his regular bail is not denied to him, only his AB was dismissed by Sessions Court? 

Regards,

HI Shonee Sir,

Thanks a lot for the guideline "Court on its own Motion Vs CBI" it really focuses on aspects of Arrests/Bails/Chargesheets.

Link for fellow 498a sufferers : https://ipc498a.files.wordpress.com/2008/11/delhi-hc-vs-cbi-jd-kapoor-2003.pdf I hope this explains much .My final date of Legal Extortion "One time Settlement related"... :( is on 16th this month. I will ask my lawyer to quote this guideline in the High Court ..

 This Judgment really gives a good view & relief until its applicable in Places like Bihar.

Thanks again....