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How to cancel the 498a anticipatory bail

Guest (Querist) 05 February 2018 This query is : Resolved 
Hi,

Can you please tell me the procedure to cancel the bails in 498a case.
Case was registered in 2015, they are not attending the courts and managing.
One person took Antipitatory Bail. With out informing the court he absconded to foreign. what is the process toi cancel his bail?
Please help me
Thanks,
Swetcha.
Vijay Raj Mahajan (Expert) 05 February 2018
Anticipatory bail is allowed by either the Session Court or the High Court, if the person granted Anticipatory bail is absconding get the same cancelled by moving application in the same court (Session or High Court as the case may be) for cancellation of the bail. The court will serve notice to the person and if he fails to respondent, his bail order will be revoked and after that you can get order for his look out from the DCP of the Police of the district so that he get arrested sooner he returns back to India and lands in the port before the immigration counter.
Kappil Cchandna (Expert) 05 February 2018
Mam,

You can read this article for your kind perusal regarding the cancellation of the bail ....

https://kapilchandna.legal/2016/05/30/should-he-send-back-to-custody-again/

Warm Regards
Kapil Chandna Advocate
9899011450,9911218741
Ms.Usha Kapoor (Expert) 06 February 2018
the petitioner to her husband, however tells a different story. Thus, under the circumstances, I do not find any infirmity in the impugned order of learned Additional Sessions Judge granting anticipatory bail to the respondents. There is no allegation that the respondents have violated the terms of bail or that they have tried to abscond or interfere with the investigation. since IN YOUR CASE THE RESPONDENT VIOLATED THE CONDITIONS OF ANTICIPATORY BAIL AND ALSO GOT ABSCONDED his bail order would be revoked. Hence as soon as he arrives India he will be arrested by the police and taken into custody.for investigation by DCP.
Sudhir Kumar, Advocate (Expert) 06 February 2018
have to informed the facts to the court> what your lawyer says?
Guest (Querist) 06 February 2018
Hi Sudhir Sir,
It is 498a case filed by police.not private complaint.should be taken by PP.so far 1st examination not yet started.
They simply dragging by putting one or others summons pending or filing absent petitions.
How can i bring this to judge?
Thanks,
Swetcha
SHIRISH PAWAR, 7738990900 (Expert) 06 February 2018
After filing of chargesheet Accused has to remain present before court. If Accused breach any condition of the Anticipatory bail then Anticipatory bail gets cancelled. You can point out the same to court and court may may pass necessary order to police for arrest of Accused.
Sri Vijayan.A (Expert) 06 February 2018
The case is started, there is no value for AB now.
They are filing petition for absence. The court also allows it. It is not abscond.
You are in a confused state and trying to punish your opponents/ respondents so quickly. Court will decide the case as per wish.
Consult your advocate


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