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a   21 November 2016

Query regarding 498a regula bail

Hi All,

I have question regarding 498A chartsheet. My wife filed 498A four months ago. I got regular bail. My parents and sister got anticipatory bail.


Last week I got call from Ghatkopar Police to appear in the court to take chartsheet.

 

I alone went in court and requested to give me chartsheet and continued bail which we given in Police Station. Then magistrate clerk told me that sureties is require for my parents and sister in court. 


You can't continued sureties which you have given in Police station.

He refused to give me chartsheet. 

Please let me know whether it's really manadatory to bring sureties again in court. My parents is senior citizen and suffereing by knee pain and sisster is pregnant.

 
Please let me know suitable option to get chartsheet. Also is it really require sureties again in court?.. 

Please let me know any judgement or IPC where mentioned court can give bail on the basis of sureties without appearance of sureties and accused.

Regards,
Abhi.

 



Learning

 4 Replies

Samarpan (M)99958670740 (Free legal advice and legal aid cell)     21 November 2016

The sureties shall be to the satisfaction of the trial court.  Hence, Sureties require to be given.  They may be the same as was given in the Police Station, but you should give them again.

1 Like

a   21 November 2016

Thanks you sir..

Zoheb Khatri (Practicing in Mumbai ZohebKhatri@gmail.com)     24 November 2016

You can file application before the court with all releven documents before the court. and seek time to file surety.

Search for Surety in the meantime.

 

Regards,

ZohebKhatri@gmail.com

a   24 November 2016

Hi All,

 

Thanks for response..

 

I have decided to go and take charsheet. I'll ask for three months time to honorable court. But without acceptance of charsheet by my parents and sister, Can I file discharge application for me, my fathers and sister?..

 

Please let me know whether we can file discharge application without acceptance of chartsheet by father and sister?..

 

Also please let me know judgement which are related to discharge from 498A because my wife left my house just after two months. She filed DV first and tried for interim maintenance. But when court rejected her interim maintenance, then she file 498A against me and my parents after two years of separation.

 

Please let me know whether I'll got discharge from 498A or not.

 


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