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Reformist !!! (Other)     22 April 2013

Anticipatory bail from supreme court

Hi Experts n Friends,

Can anypne pls tell me what are the chances of getting Anticipatory Bail from Supreme court.

Ques1 >>> My bail has been rejected a month back from HC and the court orders are not yet out . Can anyone tell me is there so much delay in court orders ? Its been a month and i am still waiting for the orders. Bail decision was announced in open court. 

Ques 2>>> What are the chances of getting AB from SC as i joined investigation, recovery done by police (although list provided by girl was totally false and infact i was not having any Stridhan with me and she was having the same) So i gave whatever things were with me.

Ques3>>> HC Judge asked us to join mediation which i did and eventually i attended all 11 dates and girl attended only 4 dates and infact mediation date was still there and judge pronounced the bail decision before any report could have come from mediation. Can anyone tell does this happens usually ???? that a decision is pronounced when mediation is pending ie still going on ??

Ques4 >> As i joined investigation thrice, recovery already done by police, mediation joined then judge never bothered to open the FIR and actually see where there is no allegation of entrustment and in fact she alleged that i had beaten her on such n such date whereas all our neighbors went to PS and gave the statement that she was never beaten and she was the one who was creating scene in front of our house and was trying to do force entry in my parents house.

Ques5>>> Experts and friends pls guide me, if i go to SC what r the chances of getting AB from SC as HC judge is neither giving written order nor considered that mediation is still pending and all other points i mentioned above and also we came to know from reader that he has not even dictated the orders yet.

 

Pls answer me ASAP.



Learning

 6 Replies


(Guest)

@Querist,

 

It may not sound good to you but the truth is that 'Supereme court' doesn't entertain such matter. The apex court via 'SLP' takes only those cases where the 'Question of Law' is raised and not of 'Question of Fact'.

 

Better file a revision petition with HC stating your facts.

 

Note-This reply should be taken as per the declaration given in my profile page.

 

Thanks,

Regards,

ashoksrivastava (scientist)     22 April 2013

@498awedding gift I feel you will definitely get AB from SC but that may take atleast 4 months. In my opinion you should hire a lawyer who is an expert in 498a cases and be ready to file 439 petition for regular bail. A good lawyer should be able to take you out within 3 to 4 days. Waiting for another 4 months for AB may be agonisingly painful. ask police to arrest you if they want. Did HC grant you interim bail during mediation? If yes your AB should not be refused till mediation report is submitted.If not HC may not be legally incorrect in refusing bail during mediation(though its illogical).Normally written order is out on next working day. I think your declaration to not to take your wife back did you in because if she had alleged that you have thrown her out of the house then your stand sort of made judge believe her allegations. If your case was with lady judge then also this result is likely.In 498a cases experienced lawyers avoid filing petition with lady judge(this is a practical reality of life and should not be taken as an attempt to make a general statement of bias). regards ASHOK

Reformist !!! (Other)     23 April 2013

@news_know------> Well its a question of law. Why judge rejected the AB, when i joined mediation, i joined investigation thrice, paid the girl for her travelling expenses in mediation i.e in HC and above all recovery has been done. There are no allegations that i will flee away or i am not cooperating in investigation. Only PP told there that recivery was partial and the accused i.e me is not ready to take my wife back along with her mother. Note this point along with her mother. PP told the judge that my MIL is a widow and i shud keep her in my home and judge after hearing this rejected the bail. How could i keep her evil mom in my home. Did not understand what a man should do in this country ???

@Ashok--- Yes i was granted Interim bail and judge passed orders while mediation was still going on i.e mediation was pending and there was no mediation report on record and in fact our name was appearing in mediation centre on next date even after judge pronounced the orders.....Dont know why the HC judge did not followed the procedure. Well buddy, judge was a man and not a lady, still he did this. Also, yes there is an allegation that i thrown her out of the house and had beaten her, but my neighbors had went to PS and gave statements that neither i had beaten her nor that was her house ......as we both(me and my bitter half) were residing in differnt city in a differnt house almost 350kms away from my parents house and in actual she was trying to enter my parents house forcibly after my fathers death and she wanted to actually acquire the place as she threatened us no. of times to make a gift deed in her name and make her legal heir of my parents property and infact one fine day she made papers and brought the same in front of my parents and forced them to sign it, but my parents anyhow avoided it that day. So she made an allegation in complaint that she was not allowed to enter into the house and we asked for a car in dowry to allow her enter into the house. I am amazed to see judges did not even see foul smell in the play going on......What a pity and shameful state for all of us as citizens....

Reformist !!! (Other)     25 April 2013

Any more suggestions pls ??

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com)     25 April 2013

Dear Querist

no need to worry

all court have power to grant the bail file your AB petition before SC and give the refrences of the cases in which the court grant the AB. the court will grant the bail definatily.


Reformist !!! (Other)     25 April 2013

Can you pls provide me with some references...


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