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(Guest)

Bail 498a

Need urgent advice on the Bail....My lawyer is keep on dragging the time to get Bail. 

DO FIR is needed for Bail? He took FIR ...now he saying some CB or CD report.

Its already been 3 weeks so far now it is in 4th week since the FIR done. 

Could anyone please help me out or give some info?



Learning

 15 Replies

Suri.Sravan Kumar (senior)     09 August 2013

pl approach legal aid services cell in the court.

Kolla Gangadhar (Practicing Advocate since 1986)     09 August 2013

Filing F.I.R is not a condition precedent graning Antcipatory Bail. Section 498-A of I.P.C. once Accused is arrested Advocate has to peruse the F.I.R. to prepare Bail Petition  and to argue the case. The Hon!ble Court will peruse the C.D. hear arguments and passes order to grant Bail not to grant Bail. In India Anticipatory Bail Petition is filed court wil order notice to Public Prosecutor, Police will have produce C.D. after perusing C.D. Public prosecutor may file counter or directly argue case and it will take weeks for getting C.D. Unless Court peruse the case Diary can not pass orders it will be time consuming you can not blame Advocate or court the  practice prevailing in India. Bail Petiton is filed in the court where record is available, Public Prosecutor does not take time for filing counter the court will hear arguments of both the counsels and passes order same day. Bail petiton is filed in the Sessions court, the records are in the Metropolitan Magistrate court,  notice will be ordered to Public Prosecutor  he may file counter or Case Diary will be perused geting from concern Police Station and court also peruss C.D. and passes order on Bail Petition and it will take time some times week or more.

1 Like

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     09 August 2013

You have been rightly advised by Kolla.

 

Take measures to protect yourself.

 

Regards,

 
Shonee Kapoor

Yahoogroups: https://groups.yahoo.com/group/sahodar 

If you don't fight for what you want, don't cry for what you LOST.

(Guest)

Unless Court peruse the case Diary can not pass orders it will be time consuming you can not blame Advocate or court the  practice prevailing in India.

In my case i understood police is not Submitting CD wantedly.

Apparently they are trying to delay the process.

And what happens if its keep delayed more. 

Any suggestions please


(Guest)

Chances of Bail in HC ? As it is rejected in the lower court

Reformist !!! (Other)     15 August 2013

which High court ??


(Guest)

AP High Court........

Reformist !!! (Other)     15 August 2013

In AP, 498a is compoundable....I hope u shud get bail from HC. Join SIFF weekly meetings nearby also.


(Guest)

My parents got Bail! I am going to file bail for myself now.


(Guest)

Anyone tell the procedure for Applying bail from abroad?.Can directly apply to HC?. 

Reformist !!! (Other)     28 August 2013

Give POA to ur lawyer and file the bail. No u cannot file bail to HC directly.


(Guest)

If i give POA to the lawyer....He can file bail, also he can file other cases on behalf of me. On what occasions do i need to present physically there ?

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     30 August 2013

He can defend you in all civil cases, but for criminal cases, the court can still ask for your presence.

 

 

Regards,

 
Shonee Kapoor

Yahoogroups: https://groups.yahoo.com/group/sahodar 

If you don't fight for what you want, don't cry for what you LOST.

(Guest)

I am surprised to see that Judge asked surrender my A2 A3 A4 to the IO in PS with surety and bond granting AB. Yes the case is still pending investigation. As i dont want them to surrender to PS But to Court. 

In my case I happen to be abroad not aware 498a wife will file case on me. She filed case on me knowing that i am in abroad only to trouble me. I am in process to apply for Bail in lower court and sure it will reject there. Might need to go high court for that.

1. I dont want surrender to IO but to court instead. How could this be possible?

2. Dont want to submit passport to police?Better to court?

3. Also looking forward to apply for Quash , would i do it before i apply for bail or i can do it simultaneously?


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