Vtands (member) 02 October 2012

Bailable warrant in 498a/406

Dear Learened people,

I was slapped with 498A/406/365(kidnapping of own son from other state) in Sep 2009>Police posted FR and opposite party put protest application>Now court has taken cognizance u/s 498A and 406 and issues bailable warrant of 2000 for me to appear in court>There is no mention of section365 on which earlier order was issued.

Now my queries:

1.Can i take a bail prior to the date given by Magistrate

2.Should I file a revision,if yes whether revision has to be filed before obtaining bail or after obtaining bail?

3.Can I file perjusry simultaneously on opposite for fabricating me falsely under 365 for kidnapping of my own son.

4.Will opposite party protest the bailable warrant as well?

Please help reply asap.

rgds

VTANDS

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6 Replies

adv. rajeev ( rajoo ) (practicing advocate) 02 October 2012

You can file bail application prior to the given date, it is baialable warrant opposite party cannot object for it.

Vtands (member) 02 October 2012

Thank you Rajeevji,it means I will get a bail prior to my date given by court.

so now still after getting bail i need to appear in court on th esummoned date.

And if I file for bail prior to the date given the court will grant bail immediately ?or on the date given by court.

Rgds

Sanjeev (Lawyer) 02 October 2012

court would fix up a date for hearing of your bail application and decide on the same. its discretion of court to grant or reject bail. if rejected you would be taken in custody in court

Vtands (member) 02 October 2012

It means that even if I apply for bail prior to date i will be given another date to hear same.

Can I apply for revision of same?also discharge application?

please also answer my perjury question.

rgds

Sanjeev (Lawyer) 02 October 2012

when you are facing a criminal charge the first step is to defend yourself which implies seeking bail is on first priority. Thinking of counter action like Perjury should be thought about later once you secure bail and are safe.