3 yrs after my wife deserted me, she filed an FIR under 498A/406 against me and my parents.

We got Anticipatory Bail for all members. Also there is a stay from Delhi High Court on the items of stridhan, so not sure how they charged with 406.

Proceedings have been going on for regular bail ofr over 4 months , the Judge refused to proceed on merits , attempting to force a settlement.

In the last hearing, my attorney was not present when the matter was called and the Judge dismissed the bail for all of us.

My attorney filed for bail in the same court again in front of the same Judge asking for bail to be reinstated and the permanent bail be issued on merits of the case.

The Judge has refused to hear the matter for my senior citizen parents who also suffer from various ailments like cancer and cardiac problems, till my attorney files my application in his court and i present myself in person.

What options do i have at this point ?

DO i file my bail application in the same court now or wait ?

Do we file for transfer of case for my parents on the basis the Judge is biased?

Can i file a bail application directly in Delhi High Court on thebasis the AB was dismissed for non appearance.

 

Look forward to your advice.

 

Thanks You

DW

Your regular bail is already dismissed by judge you should go to HC for regular bail and the high court will grant the bail in the light of above mentioned circumstances.Get the certified copy of the bail order of the judge and go to HC

Rajeev, Thank you for the response. So even though the bail was dismissed due to non appearance by my attorney and not on merits , i can apply straight to the Delhi High Court ?

Please confirm

 

Thanks

After rejection in absence of your counsel, your counsel appeared before the same juudge and judge refused to hear the matter, means, it was rejected. Dont waste time and followed the adivise of adv.rejeev. 

Dear Querist,

 

The Judge has the power to require your appearance at the time of final disposal and in default thereof dismiss the same, you should in the fitness of things approach the High Court, and make sure such things dont happen in future, for the simple reason that while seeking bail you should project and prove yourself to be law abiding and not wanting to evade or taking the court for a ride.

Also what is the procedure to get certified copy of bail order ? I''d like to get it doen myself and not wait for my attorney to get to it.

Appreciate your help everyone 

 

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