Upgrad LLM

Bail in 498A

This query is : Resolved 
 


Guest (Querist)
19 February 2011

I took bail for myself(Husband) was granted from district court it was rejected at lower court.

Now I have to apply for bail for my parents and my sisters and BIL. The charges dont include Sec 323 but 498A/406/502.

My parents are above 70 yrs shall I apply before for my parents or my sister or all together. Will it be difficult though its discretion of court.


Advocate Anuj Anand (Expert)
19 February 2011

Firstly please tell are u applying for regular bail or anticipatory.if you were granted bail from sessions court then ur parents and sister will have no problem in getting bail. I can tell u certain citations which might be help to ur advocate in getting bail


Guest (Querist)
19 February 2011

I am applying regular bail they are on anticipatory bail as chargesheet is filed.

Devajyoti BarmanOnline (Expert)
19 February 2011

When the charge sheet is submitted then do not worry, bail would be ranted in all probability. Moreover once anticipatory bail is granted , the lower court is bound to grant regular bail.

adv. rajeev ( rajoo )Online (Expert)
20 February 2011

When they are on regular bail then no need to worry it is just formal procedure to apply for the grant after filing the chargesheet.

NOTTAM VENKATASAMY (Expert)
20 February 2011

ONCE CHARGESHEET FILED THE ENTIRE INVESATIGATION FINISHED SO YOU GET BAIL TO ALL VERY EASILY.

Sachin Bhatia (Expert)
20 February 2011

The lower court is bound to grant regular bail.

indrajit mukhopadhyay (Expert)
20 February 2011

when cs have already been submitted then get bail from lower court.

Uma parameswaran (Expert)
20 February 2011

You can put bail application for all.

Advocate Anuj Anand (Expert)
20 February 2011

anticipatory bail can not be rejected on the ground that chargesheet has been presented. anticipatory bail can be granted any time as long as the accused has not been arrtested. since ur parents are old they will get bail and since investigation is over you too will get bail more over you are not a previous convict

Dineshwar Singh Kaushik (Expert)
20 February 2011

If any one is on bail either regular or anticipatory for investigation stage than there is no chance of its rejection when the that person will appear before court after submission of charge sheet.



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