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sg john (Asst Proffessor)     14 January 2013

Going to abroad without bail

Sir,

My wife filed 498a case against me and my family memmbers. charge sheet not filed yet. 

husband - A1

father-A2

mother-A3

can my parents go to abroad without taking bail, i (A1) will take the AB i will fight the case.

if they go can my wife side can impound their passports

 

 

Please Help me Regarding this.

 



Learning

 3 Replies

Tajobsindia (Senior Partner )     14 January 2013

1. Bail is right of all accused persons. They should take bail praying for minimum conditions affixed on their bail. If no ‘travel restrictions’ imposed during bail hearing they can jolly well go abroad and as and when needed by a Court they can submit themselves to jurisdiction of the Court.

2. Passport cannot be impounded by a Court. It comes under Passport Authorities and they have power to do so. Read one of my earlier post on passport impounding / surrender to clarify further doubts on your this question.

Chetan Joshi (Advisory/Advocacy)     15 January 2013

You should get AB for all. In the hearing, you can propose bail condition to allow your parents to head out of country...

 

 

Regards

Chetan(dot)7679(at)gmail(dot)com

Rahul Kapoor (Legal Enthusiast)     16 January 2013

hello,

you sholud take AB and if there is no condition in AB they can go abroad.

only on the direction of court Regional authority can impound passport.

 

 

regards-

rahul.gogreen@gmail.com


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