Contempt of court for saving job

I partially agree that this is not a serious issue if you tender unconditional apology and seek mercy of the court.

 

If you try to be overclever [as you first attempted to dub it as freind's query expecting experts link past threads] as you seem t hv ebeen advised then you can surely make it a serious issue.  The court can cancel your bail and can even impound your passport.

Dear esteemed Expert.

 

Thank you for your advise but I was not trying to be over clever but just trying to shield myself.

 

The bail is still there till june first week, my lawyer is saying that we will seek another date on next hearing. MEanwhile he has got 482 case registered at Bombay high court and he is trying to get stay on investigation from bombay HC but its taking time as court is in vacation and he is trying in vacation court.

 

Any other ideas or legal way other than apology to get time till we get a stay, once we get a stay we can withdraw the bail application . When the bail doesn't hold, I think the condition also wont.

 

Pardon my ignornace if there was any above and advise per expertise.

If the bail is cancelled then the conditions imposed therein will stand nullified.  If the stay petition is pending before the high court and ther is an urgent need to travel abroad, an advnce hearing petition may be filed in the trial court explaining the circumstances on affidavit and convnce the court for permitting to travel abroad owing to the nature of career involved in the said travel to abroad.  Your advocate can convince the presiding judicial officer in the court properly. 

Thank you Sir for your esponse.

 

SIr , the 498a hearing has not come up for trail. The anticipatory bail has been granted by Sessions court and it imposed these restrictions even though I had foretold the nature of my job. Also when the company asked me to travel , I put up an application with company documents and every clause alongwith supporting judgements almost two week in advance but the judge even though I had given the dates of travel , just three days before flying, instead of hearing arguments gave next date which was totally unjustified but since she was judge I couldn't do anything but to literally plead but she refused to hear it.

In order to save my job , I travelled on the dates given in court as my visa was also expiring and same was told to court to. I am abroad for a month now, still two dates have passed and judge doesn't care. Even if I hadnt travelled, my visa would have expired I would have lost job. 

When I didnt appear twice the other side moved a contempt petition which will be looked into in first week of June. My lawyer says he will take next dates and try getting a stay from bombay HC but I dount it as court is in vacation till 7th June, even though intentions of lawyer are good, nothing has gone my way till now. My case is crystal clear or one of the most stupid cases where even in the FIR filed by wife it doesn't have much. I filed nulliffication in march first week and she filed 598a three days after this and got a back dated medical certificate from some hospital that two weeks before this she had injuries.

My lawyer says arrest warrant cannot be issued as its appelette court and not trail court. All esteemed counsels have advised one way or the other and I am grateful to each one from the core but its in bits and pieces. I have already travelled and Judge is uncooperative - to put it simply. I have been so detailed in everything yet esteemed counsels have whipped me multiple times which I understand but I had reason not to address situation as my own but be a third person.

 

Sir kindly advise the needful as I follow to most posts you people advise even before this false case came over me.

 

Humbly Seeking Counsel.

Firstly, it was illegal to travel abroad when your application to permit you to travel is still pending before the court, however, since you have already travelled, the suggestion is that dont keep propogating your absence in the country especially during court hearing dates.  Better wind up your foreign tour atthe earliest and return to India to attend the court before something seriously happens, you can travel after you are getting stay of the criminal proceedings against you by the high court. Also, you cannot question the court (judge) when the court has adjourned the hearing of your petition seeking permission, it is discretion of court and cannot be interfered by you neither you can pass any comment on the judge or court for this. Always be in regular touch with your lawyer so that nothing goes adverse against you especially during your absence in the country as the opponent appears to be very vigorous to see you punished/tortured to the core.

thanks a lot Sir.

 

IS it possible to get stay on a case in vacation court and then withdraw bail application? Will the contempt still hold if I withdraw bail and nullify the consitions?

IS it possible to get stay on a case in vacation court and then withdraw bail application?

A vague expression.  You want stay on what? do you want stay on case from vacation case or you want stay on contemptpetition?

do you expect opposite party to be onlooker?

Will the contempt still hold if I withdraw bail and nullify the consitions?

who are you to nullify the conditions.  are you a superior court yourself?

what do you mean by withdrawal of bail.  You do not know the meaning of this.  On withdrawal of bail from that evening onwards you will be in Jail.

Taking up the matter of stay proceeding by the high court during vacation depends purely on how the counsel moves it, certain things cannot be expressed in open.  No auestion of withdrawal of bail, that will be a suicide attempt.  If you get the stay then on the next date of hearing on bail, you may not press the application for permanent bail, automatically the application will stand dismissed. While you are physically in abroad, do not try any gimmick through your lawyer in India which will be fatal to your own case, come back and discuss with our counsel and proceeed accoridngly. 

Thanks you TK sir for your advise. Really appreciate your humble endeavour and calmly put out counsel. If soothes people in trouble when wisdom is spoken with a warm approach in such situations. I am deeply thankful.

You are welcome for your appreciations, hope you will come out succesfully resolving all your current critical situations.