Nbw recall petition or regular bail

@kiwi blue

Did yu not get notices at your head quarters office back in hyderabad or were you working for a foreign firm.?

It is suggested that you contact an advocate privately other than the one who is handling your case, get the details sought for and confirm if you have jumped bail, if so, you have no option than to surrender before the court once you are in India and get enlarged on bail once again.

Thanks for replying.

@Lonefighter - as I said earlier, I never got any summons from court or notice from police. I believe it was simply a way to harass me. Had I knew about it then I would have taken anticipatory bail then.

@ Mr Kalaiselvan - thank you for your advice. However the thing is I have contacted and paid lawyers from here but they take the advance money and do not work. I had such an experience with 3 lawyers, and find it a bit challenging to work with Hyderabad lawyers from abroad.

In this situation, if I come to India I may get arrested and will be produced before the magistrate with 24 hours. In such a case can I put forth a petition to apply for regular bail on personal surety and submission of my passport to court, and preying that I will be present whenever the court want me to.

Given the situation I am in is this a practical approach or are there any other alternatives one can suggest?

Regards

@Kiwi Blue: 

If you are specifically coming to fight this case, i would suggest you to be at onsite for how much ever time ur visa is valid. It would not make much difference, if you come now or two yrs later. You might be declared a proclaimed offender, <<as far as i read thru posts on this website>>, but it would torture ur wife.. 

I might be wrong, there could be more problems.. there are better advocates also in hyd. 

@Lonefighter - my employment already got almost over and I am all set to come back. So it doesn't matter if I have to live in India for another 10 years :-)

I would say this 498a is simply a game of threat and fear. At this time I believe my downside is this bail jump thing but apart from that my ex complaint has no substance at all, Its completely false and I am prepared to fight and come out clean.

But thanks for the headsup and your suggestion.

You should apply for recall of NBW, yes that amounts to jumping of bail.

 

Another thing, which I noticed, did your wife filed 498a after your divorce decree was granted. If that was the case, why did you not move for quashing of the case.

 

 

Regards,

@Mr. Kapoor, Thanks a lot for your advise. I am aware of that fact that I can probably apply NBW recall and a quash but unfortunately the lawyers I had approached are so corrupt that even after taking advance money they are not working for me.

I don't know whether it is the influence of the opposite party or they are taking advantage of my situation (as they know my parents are above 70 years old and can't help me).

So now I want to simply come back and start the proceedings on my 498a case. I believe at the most I will be detained by police and produced before the magistrate (which is fine with me). But the question is when I am produced before the magistrate then will I be allowed by police to put forth a petition for regular bail?

Regards

Brother Kiwi blue, u said, ``I had taken regular bail but then left India due to urgency of my job. Unfortunately I later realized that the regular bail had a condition of submission of passport. So I believe that is like bail jumping.. .... Nothing happened since I left 3 years ago and its only dates after dates.``

 

O really kiwi blue? U realized all this later huh? This is so funny. U just noticed now u skipped out after 3 years? U will never tell us when u actually noticed, will u? My guess is u knew about this condition even before u got the bail because u reminded ur lawyer to fight the submission of passport.

And also, passport submission is the sticking point in an NRI`s bail hearing, how could ur lawyer have failed to notify u of it? This is so hilarious.

 

Brother, we r all suffering, try not to justify ur actions with lies. Just say 498a is on u and u skipped out. There is nothing wrong with defying an unjust law which is invoked with invisible evidence.

I think compelled to learn law is right in his observation.   Do not misuse the forum for  legally covering your misdeeds.  You will land in more troubles if you want to have wrong advises.

Dear U can straightaway challenge the NBW in a quashing petition under section 482 Cr.P.C. on various grounds for getting the NBW quashed against u. Or u can also apply for regular bail and that u will get it as u were on bail earlier. I would further advise u to challenge the entire proceedings of 498A in high court in 482 Cr.P.C. petition for quashing. Regards Bhuwan Raj,Adv. Cell: 09839268489

You will get regular bail but not easily,  As per my understanding  court will grant you bail after 45 days, May be i am wrong . 

If you are not getting lawyer in HYD , then PM , I will give you  my lawyer number from haryana , But it will be very expensive for you.

One useful information for you.

Criminal Procedure Code, 1973, Ss.82 and 83 - Proclaimed offender - Accused residing in a Foreign Country - No attempt made to serve summons through Ministry of External Affairs - Order declaring accused a proclaimed offender set aside. (Sunil Kumar Vs State) 2002(2) Criminal Court Cases 165 (Delhi)