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wifebetrayed (service)     25 March 2011

Excute AB or not

hi

FIR was file under 498a, police has come to hometown residence, did enquiry, even neighbour tesity whatever charge is file is wrong.

Police did not bother to even check marriage CD where it is allege that we created scene that we demanded dowry in marriage cermoney. They only wanted us to convince for divorce.

I and my family has take AB, police is calling my lawyer and saying we should excute bail. However, one of the condition is that I have visit hometown every tuesday, which is not possible for since it is 3000 KM away and my job would not allow me so many leave.

Need expert view,, what happen if i dont exceute bail, i am in different state.

I have adequte evidence to prove what is said in FIR is lie. But I want to do that in court of law instead of police station.

Can police file challan without any proof and when proof against FIR is readly available.
 



Learning

 5 Replies

Tajobsindia (Senior Partner )     25 March 2011

@ Author

Convert AB into regular bail citing the fundamental reason to right to livelihood means as per one of the AB conditions if on once a week you are asked to travel 3 K seeking every weekly eave from once Job then your livelihood will be questioned by superiors and dependent persons and may become hand to mouth existence thus regular bail with no conditions attached should be tried (prayed) and least to least one or two surety of likely amount may be conditioned upon is the best way out in presented briefs situation. .

 

wifebetrayed (service)     25 March 2011

thanks for your response.

 

I guess, i need seek regular bail only when police file challan, but can police file challan when evidence more against fir than in it favor,  Does police apply common sense....

 

Tajobsindia (Senior Partner )     25 March 2011

@ Author

Wait and watch whose 'common sense prevails" then!

 

wifebetrayed (service)     25 March 2011

I guess, i need seek regular bail only when police file challan, but can police file challan when evidence more against fir than in it favor,

Tajobsindia (Senior Partner )     25 March 2011

 @ Author

By virtue of the provisions of Section 167(2) of the Cr.P.C, an indefeasible right to be released on bail is accrued to you. The subsequent filing of the challan would not nullify the statutory right that had accrued to you and, therefore, the trial Court may err in declining the application of you for grant of regular bail is my opinion in further aprehensions raised by you.

Authority referred (Hon’ble SC):
Uday Mohanlal Acharya Vs. State of Maharashtra , 2001(2) RCR 452.

 

PS.: This is my last bandwiddth on this post pls.

 

 

 

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