Bail from Allahabad High Court u/s 498A

This query is : Resolved 

Guest (Querist)
16 January 2011

A Criminal writ petition was filed in Allahabad high court for Quashing of FIR- by me and the High court granted Stay of Arrest and referred the matter to mediation centre. The mediation failed and know the case is to be listed in HC where the court will decide on the 'stay of arrest'that was granted initially.

1. Can we pray on the listing date to grant permanent stay of arrest until conclusion of trial. In that case if granted we can appear for trial before the trial court without any requirement to apply for regular bail.

Can this be granted and are there any such citations where it was granted?

2. Same day hearing order- Else can we pray for same day hearing order to ensure the bail application is heard and decided on the same day.

Please share your views on the same.

adv. rajeev ( rajoo ) (Expert)
16 January 2011

instead of praying for permanent stay of arrest till the conclusion of trail, pray for quashing of FIR. Your problem will be solved permanently.

Devajyoti Barman (Expert)
Click to Talk
16 January 2011

1. Yes but once stay is granted there is no need for regular bail.
2.yes go on.

N.K.Assumi (Expert)
16 January 2011

Agreed with the members suggestions,let the other party take the steps of vacating the High court stay orders, and you go on with your quashing petition.

Kirti Kar Tripathi (Expert)
16 January 2011

If it time bound stay, you can apply for extension.

Arvind Singh Chauhan (Expert)
16 January 2011

I go with Rajeev Sir and Asumi Sir.

17 January 2011

yes you can not ask court to allow permanent stay till the completion of the trial. yes yu can go for the second option and court may entertain you bail petition simulteniously.

Amit Minocha (Expert)
17 January 2011

agree with Mr Tripathy

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