Brief history of the Case
Brother got married in May 2007 . The Girl - is sister of my friend in U.S. I live in U.S and I am a U.S citizen (went for the wedding and never went back till 2010). My parents visited U.S.A 4 months after the marriage.In APr2008 she left home saying her mother was sick and after that she never came back. My parents returned back from U.S a day after she left home. Later in Nov 2008 she filed 498 A and we were not aware. Suddenly on Mar 2009 the police came from Hyderabad (we live in Chennai) arrested my brother. She had accused my parents and myself - 498A,406 and 420. None of her allegations are true.
Brother got bail. Police filed chargesheet in May 2010 . My parents and me (sister) got AB. I filed for quash in AP in june 2010 (just for myself saying I was not even in the country )and got stay.I was in India for a year after filing quash and returned back june 2011 . Lawyer advised I can wait till quash to pay the AB amount my parents paid their AB. The high court dismissed quash in 2012 August saying the FIR has my name specifically mentioned. Our Lawyer now says the trial court is giving dates and as I am here we are getting time. Meanwhile filed SLP in supreme court and it is pending July5 -the other party got the notice and have accepted it. The latest trial court date for 498A is July 25 and hence we do not have a stay (stay got expired after high court dismissed our quash). Charges have not been framed yet.
My question is about AB - Assuming I need to appear for trial/framing of charges do I have to pay AB as the case is already in trial stage. My only concern here is there is a condition that I cannot travel abroad without court permission and that will be an issue because my family is here and I have kids. If the supreme court relief does not come I plan to go to pay bail get my condition removed and travel back. Can this be done in a months time?
Our criminal lawyer is not really giving any clear road map. When I ask him should I pay bail he says yes and when I say condition then he says it can be removed. But he does not tell me that I have to come by this date or any specific plan. He says he is tired of getting time as we are all unable to attend. I am in a dilemma now as if it needs to be done summer will be the good time and the lawyer does not provide any input. He doesnt even bring up the AB with me when I talk to him. He just wants us to get a stay in supreme court?
Divorce case has been filed too but it is still dragging even though cross examination and all is over?
What should I do with this AB - should I be concerned at all ? Do I have to pay the AB surety now that case is in trial stage and charge sheet has been filed. What will happen if I do not pay AB but go for framing of charges (in case if I have to )?
