Confirmation of provisional bail

Rahul (Querist) 24 June 2015 This query is : Resolved
I was granted provisional bail for four months from patna high court in a 498a case with condition to keep the informant and lower court was to keep vigil during the period and decide the regular bail after 4 months. She stayed with me for 8 days and filed another case of 498a in a different police station. I was arrested and sent to judicial custody and was released after 105 days of custody upon getting regular bail from patna high court. In the first case we requested for confirmation of bail and opposite party for cancellation during custody period but judge asked to wait till completion of four months. Opposite party moved to high court and petition was disposed with instruction to lower court to act according to instruction given in provisional bail order. Now that the period of provisional bail is over, kindly suggest step to get the provisional bail confirmed. Further what can be done if provisional bail is not confirmed. Regards Rahul

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Adv Shrikiran.B (Expert) 24 June 2015
Rahul,

The provisional bail can be extended when the period of the same is over and the judge can extend the period if you make a strong representation. However, it is purely on the discretion of the judge to oblige or reject your application. However, if you fail to pray before the court for the continuation of the provisional bail then the liberty granted under the provisional bail may be cancelled.If you do not have any advocate yet, engage one and ask him to represent to before the high court or else you may be taken into judicial custody. However, in case the provisional bail is not extended, you may need to seek regular bail which is no more a concern in 498a cases.