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Discussion > Criminal Law > Procedure > Got AB in 498a.. what next?   Unanswered Threads Post New Topic

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There are 5 Replies to this message


Balaji


secretary
[ Scorecard : 35]
Posted On 20 June 2010 at 03:11 Report Abuse

I got AB from H.C in 498a case with a surety and also a clause asking me to report in police station between 7 am and 11 am every day Nothing other than this has been stated. Now time linits for AB or surrender or visitation has been mentioned.


How long can I not go and surrender in court?

If I surrender and pay surety .. what is the procedure to get the daily visit relaxed?
 It has been mentioned in the AB order that no serious allegation except informing my bhabhi that she is beautiful has been alleged.

Is it easy to get this dirty clause of visiting daily relaxed? How long will it take?


thanks in advance



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G. ARAVINTHAN


Solicitor / Legal Consultant
[ Scorecard : 21960]
Posted On 20 June 2010 at 07:54 Report Abuse

After 30 days, you need the file an application for relaxation of conditions, before the same where you got AB. 

You have to necessarily contest the case and it is the only thing you can done.

After contest you can file an application for discharge or even quash the case from order of High Court



Total thanks : 1 times


adv. rajeev ( rajoo )


practicing advocate
[ Scorecard : 35335]
Posted On 20 June 2010 at 08:25 Report Abuse

While granting the AB court puts a condition you have to follow that. By surrendering before the police you have to take a bail and within the time given by the court you have to file a regular bail application before the court along with surety.


adv. rajeev ( rajoo )


practicing advocate
[ Scorecard : 35335]
Posted On 20 June 2010 at 08:26 Report Abuse

till filing of charge sheet condition imposed by the court will be in force.


Total thanks : 1 times


Balaji


secretary
[ Scorecard : 35]
Posted On 20 June 2010 at 12:37 Report Abuse

Thanks Aravinthan and rajeev for reply ..


My problem is that the court order did not mention any time limit either for surrender or for applying for regular bail.. Below is the draft verbatim..

"Petition under section 438 of Crl. P.C praying that in the circumstances stated therewith ,the High court may be pleased to direct the release of the Pititioner/ Accused No.3 on Bail in the event of his arrest in crime No: ---- of 2010 of W.P.S C.C.S Hyderabad on such terms and conditions as this hon'ble court deems fit.

Order

" He shall attend the police station every day between 7 Am and 11Am. "

Now .. since no time limit is mentioned or any direction for surrender is mentioned. So If i don't surrender for lets say 1 year will it be a problem. Because going to police station daily would definitely be a nuisance.??

 

How long will court take (rough idea ) to amend the order if I file an application today?? This is Hyderabad H.C

Thanks in advance. I really appreciate your advice

 



G. ARAVINTHAN


Solicitor / Legal Consultant
[ Scorecard : 21960]
Posted On 21 June 2010 at 06:44 Report Abuse

Sir, till time not mentioned, you need to approach the court stating that, the order of court is ................

i was asked to report concerned police station daily by this time and so for ......... days i have appeared and comply with the conditions. Hence the condition may be relaxed.

Court may consider and pass orders




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