Bail canceled in case of 498a by lower court
sunderam s
(Querist) 17 December 2018
This query is : Resolved
Dear Sir,
Kindly suggest that my bail is canceled by the lower court in case of 498A. Reason was mentioned that not paying outstanding amount of maintenance as fixed by family court.
i am paying regularly of Rs 10000/- as per ex party order of family court as well as order of the patna high court in bail order. Some of the amount was outstanding about Rs 2lacs prior to the order of high court. i appeared before the lower court and requested to the Magistrate to kindly note that my previous job was lost by the conduct of wife and i am earning very small amount and also suffering from illness as per prescription of doctor although i am paying the regular payment per month as per ex party order of family court as well as order of Patna high court. But, the lower court set aside my bail and order to issue NBW .The next date is fixed on 4th January,2019. it is to be noted that my bail is canceled by the charge court because original court is vacant till now.
my question is that to take your kind suggestion :-
1. can Lower court give this Oder of bail cancellation as the charge is already framed in 498A and summon was issued to witness of wife side for appearance in view of speedy trail as all the accused is participating to cooperate with proceeding without any fail ?
2. Bail is a way of recovery of money? in such cases the order of lower court is unfair or not ?
3. Can charge court issue such order ?
4. i am fulfilling two condition till now paying 800/- pm as per interim order of high court as well as final order for payment of Rs 10000/- pm as per ex party order of family court but wife side is not withdrawing the amount deposited of Rs 800pm which is now in excess of Rs 40000/-. what is indicating from wife side ?
4. how can i fight against the bail cancellation order ?
5. can i file appeal before the high court or session court ? my lower is saying to before the High court .
kindly suggest what to do in the above situation ?
Dr J C Vashista
(Expert) 18 December 2018
Prima facie it is an examination hall question paper.
However, if there is some truth in the question consult your lawyer who is an able, competent and intelligent enough to advise you.
sunderam s
(Querist) 22 December 2018
Dear Sir,
This is not a examination hall queries . It has been happened really with me. All the experts are requested to share their views. This is platform of the expert and it is not seemed proper with the contention of Dr J C Vashista who closed this issue on assumption basis. Sir , i must consult with the local advocate but this is required the expert view for proper guidance to go ahead. kindly share your expert view on the above legal queries.
