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hellwith498a (cd)     17 January 2012

Anticipatory bail for parents

I am another 498a victim, with my parents and my younger college going sister. Had applied for AB for me and my sister as at that time my parents were actually abroad. Then after their arrival applied AB for them also. After long delay under the pretext of undergoing counselling and reconciliation and blah blah blah and after one and a half months since the AB petitions were filed, sessions judge grants AB to my sister, mother and father. 

Now the document claims that :

The Cr MC No: ____/2011 is allowed, and the Investigating officer of the officer conducting arrest is directed to enlarge the petitioner no: __ on bail on her executing a bond for Rs 25000 with two solvent sureties for the like sum each to the satisfaction of the officer conducting arrest and subject to the following conditions- ..........(that they will co operate, do not do offence etc....)

 

My question is if my family is granted bail, what are these things said above as to arrest and other matters. My advocate said that an arrest in unlikely and i need not produce any sureties now or so. 

Kindly enlighten....

 

thank you

and Hell with 498a.



Learning

 8 Replies

Prateek (Student)     17 January 2012

ya they are getting bail but sureties are compulsary

hellwith498a (cd)     17 January 2012

well I am still :-/ .

My lawyer has not asked me to come with any sureities to the court, though i have kept 2 people ready for the same.

so whats this all about?

 

hell with 498a


(Guest)
Originally posted by :hellwith498a
"

so whats this all about?
"

For precaution.

Sanjeev (Lawyer)     18 January 2012

AB is a pre arrest order and not bail so it means that in the event of arrest the person should be released on bail...so to make it simple if the police comes to arrest you or arrests they would not keep you in custody and will need to grant bail and release you and as the order says you would need to provide two sureties of the said amount.

AB is applied by you as you anticipate arrest police would not know that you have AB and when they come to arrest or arrests they will release you subject to conditions in the AB. Bail is after arrest.

 

hellwith498a (cd)     18 January 2012

@ Sanjeev : thank you ... now that its appealing to my understanding..

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com)     18 January 2012

Dear Qurist it is depends on the bail order if the court passed an bail order with surities or without seurities, it can be that the Hon'ble court passed an order without seurities, only personal bond will be required by court. Feel free to call

A. A. JOSE (LAWYER; LEGAL ADVISER/CONSULTANT& TRAINER)     21 January 2012

Mr.Sanjeev has not left anything for others to say in the matter and I agree with the same.

Santosh S. Avhad (advocate)     29 January 2012

yes, I agree with your advocate


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