LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

joy   16 February 2016

Regular bail application

My wife gave complaint against me and my parents u/s 498A. Police called us two time and we appears for answering. Later police said, now wait for court order. Its been a month. I have below query regarding bail.

1. I have understood anticipatory bail but some of my friends says that don't go for it because I will have to shall out more money on lawyer and bond.

2. Can I go for regular bail when I receive summons/notice from police/court ? Will court send my parents to judicial/police custody ?

3. I am worried about my paretns because both of them senior citizen and don't want them to go behind bar.

Please advise, which is best way to avoid unwanted extortion. Which is best way to get bail AB or regualar ?

High court is in our city and my wife filed case in her city which is district court. Can I get regular bail from high court or I have to approach district court ?

Please help



Learning

 2 Replies

SOLOMON.RAJ (advocate/director)     11 March 2016

Mr. Joy,

             As per the recent citations of the Hon'ble Supreme Court it is mandatory in cases u/s 498-A of the Indian penal Code that after the recipet of the complaint by policer under the above mentioned provisions the police has to call the husband and In-laws of the defacto-complainant before registering of the  Crime / FIR and the police should counsel them and send them back.

despite the counsellig if the harassment u/s 498-A still is meted out to her she can always come back and ask the police to register a case , based on her version if prima facie is found the police will register a crime / FIR , that is only when one should go on to0 movea bail application.

Now in your case it is not clarified as to FIR was registered or not. In case if the FIr has been registered your lawyer can always find it out from the court and if the case is filed the best advice i would give you is to ask your lawyer to move  AN ANTICIPATORY BAIL APPLICATION  where in you have a privilage of not being arrested and not being sent to the judicial custody , if you seek for a regular bail there is every possibility that the Hon'ble Courts may send you to judicial remand for three or four days incuding your parents. Inorder to avoid from going to the jail you need to move anticipatory bail .

In response to your last query , you cannot obtain a regular bail from thyew Hig Court though it is situated i your city. regular bails are always moved before the concerned magisterial Courts , High Courts will only grant you anticipatory bails in your present matter.

SOLOMON RAJ

Advocate, High Courts of A.P. & T.S.

Recipient of BHARAT GAURAV SAMMAN AWARD,2014,

Director, Justice League,

National Joint Secretary, Christian legal Association

General Secretary,U.C.C ,State of Telangana,

Vice President, Minorities Right Forum,

Indian Ombudsman, U.E. Of Unites states of America,

National Vice president , All Indian Christian's Council,

Email:rajcarey@yahoo.com, justiceleague367@yahoo.com

Ph:+91-9866545086.

 

joy   16 March 2016

Thank you Mr. Raj. FIR is filed after our last visit. We got regular bail from police station and awaiting chargesheet. I am thinking to file petition after chargesheet is filed for quashing u/s 482 because as per FIR copy, there is concern of jurisdiction of court.

Will the lower court transfer case to concerned court without our application on the basis of jurisdiction? Please advise. Thanks


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register