first Appearence in 498A trial court
Guest
(Querist) 13 January 2011
This query is : Resolved
I have a question I have to appear in February in the trial court as I have received summons to appear.
This is the first date I am on regular bail but my family members charged took stay of arrest from HC. The case before HC is pending and whether the stay of arrest need to be continued or not will be decided once the case is listed before the HC after mediation centre submits its report.
1.Can my family members appear before the trail court and do not seek bail on first date basis the HC order.... and not apply for regular bail on the first date.
2. If they apply for bail will it be granted on first date as I have regular bail being the main accused. But there are Sec 406 charges most of which are incorrect. I cant return the streedhan that I dont have. Will this impact my family members bail on the first date.
Arvind Singh Chauhan
(Expert) 13 January 2011
It depends on the language of the stay order of HC. whether stay is only for police or for court also. If the stay is only for the police your parents will have to appear before trial court and have to seek bail.
Guest
(Querist) 13 January 2011
The order just says that the arrest of the petitioners is stayed- it dont says police or court.
Arvind Singh Chauhan
(Expert) 13 January 2011
Did you approach to HC under Article 226 of constitution or under 482 Cr.P.C.
Guest
(Querist) 13 January 2011
It is a criminal writ petition for Quashing of FIR and not Quashing of Chargesheet. I am pasting the order belo
Guest
(Querist) 13 January 2011
The order:
Heard learned counsel for the petitioners and also learned Additional Government Advocate.
The argument substantially is that fraught relation emanating from matrimonial bickering escalated into launching of criminal proceeding vide Case Crime No.14 of 2010 under Sections 498-A,504, 506,and Section 3/4 of Dowry Prohibition Act P.S. Mahila Thana, district Allahabad.
Having considered the arguments advanced across the bar, we have a feeling that Court owes a duty to the society to strain to the utmost to repair the frayed relations between the parties so that the wounded situation may be healed into a healthy rapprochement. The matter in hand also appears to be one of those cases in which reconciliation should be tried between the disputing parties. While referring the matter to Mediation Centre with the consent of the petitioners, it is directed that the petitioners shall deposit a sum of Rs.10,000/- with the Mediation Centre by way of Bank draft drawn in favour of Mediation Centre, High Court, Allahabad, out of which a sum of Rs.7000/- shall be payable to the respondent no.3, victim and the remaining amount shall be kept for being utilised by the Mediation Centre. The amount aforesaid, it is further directed, shall be paid over to the respondent no.3 on her appearing before the Mediation Centre on the date fixed. The amount aforesaid, it may be clarified, are meant to meet expenses to be incurred for attending mediation sessions at Allahabad for the respondent no.3 and the person escorting her. The office upon deposit of the Bank draft shall issue notice within one week to the respondent no.3, i.e the wife calling upon her to appear in the Mediation Centre at Allahabad High Court on a date to be indicated in the said notice stating therein that the Bank draft deposited by the petitioners shall be delivered in the Mediation Centre on the date fixed. The said notice shall be served upon respondent no.3 through C.J.M concerned. It needs hardly be said that both the parties shall appear either on the date fixed or on a future date as may be agreed before the Mediation Centre for reconciliation. The Centre shall submit a report within one month from the date of parties appearing before it for reconciliation. The case shall be listed in the second week of September, 2010 along with report of Mediation Centre.
In the meanwhile, the arrest of the petitioners in the aforesaid case shall remain stayed.
It may be made clear that in case, there occurs default by the petitioners either in depositing the amount or in appearing before the Mediation Centre on the date or dates fixed, the interim order staying arrest shall cease to be operative and the Mediation Centre shall immediately communicate with the office which in turn shall list the case within a week before the Bench concerned for passing appropriate order in the matter.
It may be clarified that the case will not be treated as tied up to this Bench shall be listed before the appropriate Bench. Copy of this order will not be issued unless steps are taken. Order Date :- 13.7.2010
adv. rajeev ( rajoo )
(Expert) 13 January 2011
You and your family will have to take a bail on the date of first apperance.
Arvind Singh Chauhan
(Expert) 13 January 2011
If your family members appears before court they have to seek bail because there is not stay for proceeding in lower court and court will take it's own course.
Devajyoti Barman
(Expert) 13 January 2011
Since the husband , the principal accused person in a case u/s 498A is enlarged on bail, the others are likely to get bail on surrender before the trial court.
Ajay Bansal
(Expert) 14 January 2011
It is better to obtain shield of anticipatory bail u/s 438 Cr.P.C from High Court or Sessions Court.
Amit Minocha
(Expert) 14 January 2011
THEY CAN APPLY FOR REGULAR BAIL FROM THE TRIAL COURT ON APPEARANCE WHICH SHOULD NOT BE A DIFFICULTY AS ALREADY THE BAIL WAS THEIR FROM THE HC AND NO CONDITIONS WERE BREACHED
