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rockytalwar (self business)     14 January 2016

Does regular bail in court means arrest?

Hi,

I have 498a filed on me and i got regular bail from lower court. my lawyer submitted surrender and bail petitions and got the same by executing bond with a surety of 5000rs.

I am not arrested by police and not put in any jail for even a minute or second.

Does getting a regular bail(as it has surrender petition) means  "i am arrested"??

I am applying for a job and in the employment form, there is a question "
"Have you ever been arrested or convicted for any offense or crime, even though subject of a pardon, amnesty, or other similar action?""

What should be the honest answer in my scenario yes/no ?  I do not have any other case and have no conviction. Does regular bail (surrender pettion + surety) means arrested?

 

 



Learning

 6 Replies

Vijay Raj Mahajan (Advocate)     14 January 2016

Your surrender in the court does not amount to arrest by police. If the Police arrest you they prepare your arrest report and submit in the trail court while producing you there after that you seek regular bail or the police seek your remand, as this process was not done in your case by no means you can be said to have been arrested by the Police.

The prosecution by trail court will start after the Challan/Chargesheet by the Police is submitted in the court followed by you being charged of various offences as mentioned in the challan/chargesheet.

In reply to question that you are either arrested or convicted in any criminal offence or crime you  just mention "NO".

Sidharth   14 January 2016

Agreed with above answer

srk (Service)     19 January 2016

Mr.Mahajan and Mr.Sidharth,

sorry to include my query in the this thread, as it is an possible scenarion in the case want to clarify. thanks a lot for you time.

if in a similar sitiuation where a chargesheet is submitted and NBW is pending in court againt accused, if the accused surrenders in the court and sent to Judicial custody, will it still be considered as an arrest?

Regards

Srk

Vijay Raj Mahajan (Advocate)     19 January 2016

 

Yes in general term it will be but , the term arrest can be of two types, preventive and punitive, in  the former the order for arrest is to prevent the accused to commit any wrongful act or escape the prosecution lodged against him and in later the arrest is to punish him after found guilty and punished with imprisonment.

When a person being accused is send for judicial remand he is arrested for the period till he obtain his bail or till time the investigation in the criminal complaint is going on and his being left out may hamper the investigation. There is no punishment involved in such remand or arrest and for job purposes this will not be taken as arrest made for executing the punishment inflicted on the guilty person. For job purposes if one person is found guilty in any offence, he may not qualify but if prosecution in criminal matter lodged and found innocent his prosection itself will not hinder his qualification for the job.

srk (Service)     20 January 2016

Thanks a lot for the detailed and quick response Mr.Mahajan.

as mentioned by rockytalwar, below question is in the DS160 form of US embassy application, it will be a yes eventhough the applicant is sent to judicial custody or arrested but aquitted later. 

"Have you ever been arrested or convicted for any offense or crime, even though subject of a pardon, amnesty, or other similar action?"

Regards

SRK

Mahadev   22 January 2016

Please mention the answer as NO . The reason is as follows :

1) As you have not been in Jail even for a day .

2) Even if you had been in Judicial custoday as Mr. Vijay Sir has explained it would have been a case of preventive arrest .

In either of the above rationale , you are being true and honest . If someday any one asks you , please give them this legal reasoning . Trust me the world is not so honest and hence answering as YES will only mar your career opportunities without you being given an opportunity to explain your position. To be blunt , no one is interested and they will be happy to strike you away .

Pardon and amnesty is also given to someone who is convicted of an offence or crime . This is an additional rationale to mark the answer as NO .

A false 498A case is no reason we need to share with outside world unless it's necessary at any place. 

I myself being a victim of 498A over the last few years thought of sharing my views.Rest is your decision . Be happy !!! 

 


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