CJM Court in 498A
Guest
(Querist) 21 January 2011
This query is : Resolved
have a question a FIR was registered against me and my family u/s 498A, 406, 502, 3/4 Dowry Prohibition act in UP. we filed a criminal writ petition for quashing of FIR- that provided us interim relief of stay of arrest. The final decision will be made by HC on our stay of arrest when the mediation centre allahabad submits its report to HC. The case is in mediation and still not referred back to court.
In between the chargesheet got filed and I have received summons to appear before the CJM court. Can I appear before the CJM court on the date prescribed though I dont have regular bail - as the HC order is atill valid and did not have a clause that say is upto chargesheet.
1.I have consulted my lawyer he says I need not appear on the date and lawyer will present the HC order- but the orders from HC just stays arrest but dont grant me relief of not appearing in trial court.
2. If I appear before the CJM court on the date and not apply for bail can I be arrested- I feel the HC order are valid till a frsh decision is taken by HC on the issue.
Please Advise.
Ajay Bansal
(Expert) 21 January 2011
In this case as your arrest is stayed by High Court, So you should appear in CJM'S Court and file an application for obtaining regular bail.As your arrest is stayd,so CJM can not sent you in Jail if he/she does not allow your regular bail application and you can go to Sessions Court for obtaing regular bail.However in case CJM allows your regular bail application the your first tention i.e. obtaining of regular bail will be come to an end.
