Ajay (none) 05 March 2015

498a, surrender before court and bail

Hello Experts,

My parents and I were booked under 498a of IPC. We applied for Anticipatory bail in lower, high, supreme court however no success in getting regular bail (Though we got anticipatory bail during high court mediation for one month and then was rejected as mediation wasn't successful and then supreme court also rejected out bail on ground that my wife has mentioned in FIR that we have a pistol (Not true). My advocate advised me that If I surrender and get a regular bail, he can get Anticipatory bail for my parents on change of circumstances bases. I spent 10 days in prison and I am out on regular bail however again same thing repeated lower court rejected, today high court also rejected the anticipatory bail.

( My father served Indian Army for 30 years, this is what he is getting in return after retirement from Army)

1. My father has a pistol in position, which was being used to threat my wonderful lady. (All fake)

2. They give us 10 lakh cash at the time of wedding and we are demanding 25 lakh. (All fake)

This never happened. My parents or I never even talked about the money and We do not have pistol at home. An army retire does not mean weapon. My father gave his entire life to save the country and even our former President Dr. Abdul Kalam signed his character certificate as Excellent when my father retired.

We were from a distance tribe area of Himachal, we are very simple and down to earn human. My father spent his lifetime earned money to buy a 4 room house in city and that's what we are left with at the moment. Its been a very very difficult journey for 3 of us my mom, dad and me. 50,000+ KM travel from Himachal to Punjab, Chandigarh and Delhi for cases. Lots of money wasted so far.

Today high court rejected the anticipatory bail again ( which is our 2nd turn, we already have completed one turn till supreme court already and when nothing worked I surrendered and then it again started as my lawyer applied for bail on change of circumstance)

My parents are innocent, they did nothing wrong. They are not cleaver. My father was asked 10,000 when he was inquired before filing 498a of IPC and he denied because he did not know about the corruption and all that.

My question is-

Since the anticipatory bail has been rejected in high court 2nd time. what should v do next?

If my parents surrender in court and if IO is ready is say in court that my parents are not required for any investigation as they already have joined investigation when they were on Anticipatory bail (High court mediation), Can Judge give regular bail?

I have already have spent 10 days and I am out on regular bail. Its my parents who are in trouble at the moment.

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2 Replies

T. Kalaiselvan, Advocate (Advocate) 08 March 2015

As per the latest ruling by supreme court no arrest to be made for the offence under section 498a without proper investigation. Your journey for anticipatory bail has been too long and unsuccessful which is still mysterious. Whom to be blamed in between for this debacle is not understood. However handle the situation as per your local advocate's advise because it will not be possible to render proper opinion without knowing the actual background.

CompelledToLearnLaw (Financial Examiner) 09 March 2015

What did u do wrong? Pls be honest with us. Share what evidence the opponent has on u. I read in one of ur threads that u violated conditions imposed with the interim bail. What else did u do wrong? Also share what pre-litigation evidence ur inlaws have against u. Pls state all the facts. No doubt we have biased laws in India but the Supreme Court of India is a respected institution around the world. So if the SC refused ur bail, u must’ve messed up somewhere. My guess is u violated court orders or conditions or both.

Ur quote from ur earlier thread where u quoted one of ur court orders:

“The complainant- respondent No.2 appears to be apprehensive that sincere efforts are not being made by her husband for any reconciliation and that he is evading the process of law. In view of the said circumstances, the petition for pre-arrest bail is deferred for final hearing on 13.10.2014. Interim order will remain operative subject to petitioners joining investigation on 13.9.2014 and 27.9.2014 in order to enable the investigating officer to effect recoveries, accordance with law.

As per the interim order, I had to appear in court today 13th Oct 2014 however was not possible for me because my lawyer could not file the bail yet.”

Reference:

https://www.lawyersclubindia.com/forum/details.asp?mod_id=110743&offset=1#.VPz53_mUdLc