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Re-apply of anticipatory bail in 498a

Page no : 2

Biswanath Roy (Advocate)     12 August 2014

AB granted by the court if not effectuated within the stipulated time cannot be stand as cancelled unless otherwise it is declared by the court as such or recalled the same. In case of non-compliance of the direction given in the order of AB it will stand as non-operative and not in force. To quash a criminal charge in a cognizable case the applicant shall have to bear the burden of proving the fact that he has been falsely implicated in the offense for deliberate and willful harassment causing thereby injury which has been prejudiced to his dignity in the society.  Quashing process is a very difficult process as because it is not mandatory but discretionary..  A counsel who is sagacious in law and adroit having skill to command over the court can convince a judge to quash a criminal charge  Such experts are beyond the reach of the common litigants. The first word in the teachings of Advocacy is YOU MUST KNOW YOUR JUDGE.  In this context I can remember a case of mine which I conducted before the Hon'ble Judge of the Cuttack High Court. in the year 1968 at the age of 38 years. The dispute arose in a sales tax matter concerning refusal to grant allowable relief under the state law. I HAD TO SEEK FOR A REMAND ORDER  FROM THE COURT which is discretionary. My client was TATA CHEMICALS LTD. as i had no vivid knowledge in Orrissa Sales Tax Law I went to a Law Book Shop to purchase a book on Sales Tax Law..  The shop keeper recommended a book which was written by the Judge before whom I SHALL HAVE TO APPEAR.  While i submitted my case before His Lordship the Hon'ble Judge asked me how being a counsel from West Bengal i could come to know Orissa Sales Tax Laws so well then I show him the book written by the said Judge and highly appreciated the writing saying it is a very lucid one and even a beginner can easily understand it.  The Hon'ble Judge was much pleased on me and remanded my case to Sales TAX authorities categorically directing them to allow sales tax relied covered by sales tax declaration forms and thus my purpose was served

Nitish Banka (lawyer)     08 June 2018

Posted by: Nitish Banka  Categories: Criminal Law 
 

 

Anticipatory Bail in 498a

Anticipatory bail in 498a is advisable and recommended

A family comes under pressure when they come to know that a FIR under section 498a has been lodged in police station.

The first cause of stress is call be Investigating Officer to join investigation to old parents, husband, husband sister or brother.

The trauma is whether they can be arrested or not.

It is not advisable to visit investigating officer without protection from the court this protection is termed as Anticipatory Bail.

The process of getting Anticipatory Bail in 498a

The chances of getting bail under 498a is quite high as I have already discussed in detail in one of my articles

chances of getting anticipatory bail 498a 

The conditions of anticipatory bail are not very stringent but if they are stringent it can always be challenged. I have discussed in detail the conditions Conditional Anticipatory Bail 498a/406

Now as per the judgement of 498a under Rajesh Sharma versus State of Uttar Pradesh. there is a stay on automatic arrest in the cases of 498a. But this judgement is challenge in higher bench and revisit the judgement.

Image result for anticipatory bail

Anticipatory Bail in 498a

Therefore still the permission of getting kin and husband arrested is less. But family will never know whether the permission of arrest is granted or not so there is an apprehension of arrest in 498a and therefore it is advisable to get 498a.

Grounds to argue 498a bail application

  1. Old parents this ground works if parents are old.
  2. Prior divorce petition pending.
  3. Strong roots in society
  4. Ready and willing to join investigation.
  5. Vague allegations
  6. Delay in filing FIR
  7. Return of streedhan articles.

Courts View

Courts will ask for status from the IO. Gen really IO will tell the court that whether permission of arrest is granted or not and if it is not granted then the court will most probably grant interim protection of arrest for certain period of time i.e 7 days so that the IO. will send notice of arrest and on this notice the party will again apply for anticipatory bail in such circumstances.

This is right strategy to abate any arrest circumstances.

By.

Advocate Nitish Banka

9891549997

 


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