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revolutionary (NA)     21 June 2012

Anticipatory bail

Dear All

 It would be very kind of you, if you could clarify the following issues.

 

1) Can AB be applied even in absence or my physical presence is compulsory.

2) Would the sessions judge also call on woman's cell IO before giving AB

3) Can the opposite party create issues that can result in denial of AB

4) Would getting AB restrict my travelling outside India or requires permission from court everytime?

 

thanks in advance for everyone suggestions/comments

 



Learning

 4 Replies

Adv.R.P.Chugh (Advocate/Legal Consultant (rpchughadvocatesupremecourt@hotmail.com))     21 June 2012

1) Physical Presence is not generally required, but only when PP specifically makes a request to that effect and only at time of final disposal. When he comes he can come under an interim bail order so that he's safe to appear.

2) Yes, the IO would put across the broad story against you. 

3) Thought they are not normally summoned, but IO unofficially intimates them that your AB is coming up and they come to oppose the same. ALthough they can be bogged down to sit and not talk themselves and instruct the prosecutor. Though the judge normally gives the complainant a patient hearing. 

4) Normally in 498A case court won't put up such a condition if you continue to participate in CAW Cell counselling sessions.

 

Feel free to talk !

1 Like

Rahul (AE)     21 June 2012

sir what sould be done to avoid 498a

yogesh (will tell you later)     21 June 2012

IN A.B you have to make stste as party..Judge cannot ask the women CAW personnel to present before them.But usually it denied if FIR/Criminal Complaint is not pending before the P.S

revolutionary (NA)     23 June 2012

@ Bharat Chugh

Can you kindly shed some light on the below matter.

1) Can the opposite party change their statement made/ complain filed at CAW and have a different statement for FIR?

2) As the opposite party has filed a complain at CAW can they then say that they dont need mediation at all and want to go ahead with the case.

3) Can the CAW without informing the husband, close the mediation which enables the other party to file an FIR and send the police for arrest?

 

Thanks in advance for your help and suggestion.


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