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Rajan Bhasin (Law Student)     17 October 2012

Anticipatory bail

Husband applied for AB.Court sent both parties to mediation giving any particular date for next hearing. Order says "till XX date applicant should not be arrested". In beetween holiday declared for said date(Next hearing date) and petition will be heard after two days when court will reopen. Now can police arrest husband during this time or it will be considered that matter is in court. If yes what is the remedy?



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 12 Replies

Nitish Banka (lawyer)     17 October 2012

till xx date the accused will not be arrested but after that he/she again apply for A.B.

498 A fighter (Advocate)     17 October 2012

Same related question:

suppose on accuse is charge under different case: in one case he ordered RI for 4 year in second case he order RI 3 year and in other for 2 year and 1 year respectively

question is: what is his total punishment 4+3+2+1=10 years or

only 4 what is maximum  as he ordered in different cases.?

if in one case under different sec. then judge give it in judgement itself.

Rajan Bhasin (Law Student)     17 October 2012

Dear Nitish, As I mentioned above XX date is holiday. 

For example:-

On 1st of Sep  court heard AB and given next date for hearing as 10th Sep  mentioning "till 10th Sep  applicant should not be arrested".

Now in between holiday declared for 10th Sep/11 Sep and petition will automatically be heard on 12th Sep.

My Q is: Can police arrest applicant between 10th to 12th.

Rajan Bhasin (Law Student)     17 October 2012

Dear Aneesh,

Please dont hijack the thread. Open new one if you want answer to yoour query.

Ramesh Potedar (Advocate)     17 October 2012

The petitioner cannot be arrested before the mediation.

Rahul Kapoor (Legal Enthusiast)     18 October 2012

whats the status of AB ?

you said he applied for the AB. has he got it or still waiting? 

if AB is not granted then tapprehend the arrest.

Chetan Joshi (Advisory/Advocacy)     18 October 2012

Is this just for the purpose of hypothesis?...The police will only have 11sept to arrest....

 

And for what charges does the applicant apprehends arrest?

 

The police should refrain till next hearing....

Tajobsindia (Senior Partner )     18 October 2012

1. It will be Contempt of Court if police acts extra smartly.
2. One can claim gross Human Rights Violation and in a recent case of arrest of a S. 498a IPC boy in Delhi we got offer of 30 K  from DCP Office on material records but we have kept it pending
J

 

1 Like

Rajan Bhasin (Law Student)     18 October 2012

charges are 498a/406/34

Rajan Bhasin (Law Student)     18 October 2012

Dear, As I mentioned above XX date is holiday. 

Mediation has failed already.

For example:-

On 1st of Sep court heard AB and given next date for hearing as 10th Sep  mentioning "till 10th Sep  applicant should not be arrested".

Now in between holiday declared for 10th Sep/11 Sep and petition will automatically be heard on 12th Sep.

My Q is: Can police arrest applicant between 10th to 12th.

Tajobsindia (Senior Partner )     18 October 2012

NO = in English
Nahi = in Hinglish

Rest interpretations I leave to your goodself.

1 Like

498 A fighter (Advocate)     18 October 2012

Originally posted by : Rajan Bhasin

Dear Aneesh,

Please dont hijack the thread. Open new one if you want answer to yoour query.

I am not hijacking it but if you feel bad of it then sorry.............


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