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In the cases of 498a with D.P.act, it is very much surprising that the accused persons immediately runs for the anticipatory bail from the high court and session court u/s 436cr.p.c. and most of the lawyers also advise them to do so knowingly that to get the anticipatory bail is a difficult task and spacially for the husband. Also mean while the accused persons and their family suffers from the pressure of the police.

Todays even the the courts also know that most of the 498A cases alongwith DP act are false and they remains eager to allow the bail of the accused but as the section is non-bailable, they hesisitates to do so on the same day and send the accused to the jail for  few days. But in very few cases the bail get reject  from the court and even from the lower courts too.

Now the question arises that is there any way for the accused persons which protect them from the jail and from the harashment of the police too? The answer is yes.

In the very important judgements by Hon.supreme court in "Amrawati v/s State" and "Lal kamlendra pratap singh v/s State" lots of important decisions taken and one of them is that "If the accused person surrender himsellf before the court alongwith his bail application,either his bail application disposed of same day and if not possible to the same day,he must not be sent to the jail unnecessory and released on the personal bond till the disposal of the bail application".

So inspite of praying for the anticipatory bail u/s436 cr.p.c., it will be more better, easy and time saving that pray before the high court of any state to pass the direction to the court concern to disposed of the bail application expidiously and in the light of the findings of "state v/s Amrawati" and "State v/s Lal kamlendra pratap singh". By the way,the harashment  of the police as well as the wife side can be minimised.

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Category Criminal Law, Other Articles by - prashant pundhir 


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