Bail-498a
prakash
(Querist) 15 March 2012
This query is : Resolved
My sister's bail in 498a was granted by High court, however due to some medical reason she could not go to the lower court to sign. After some time the duration got over and when we again moved the HC, they rejected it and asked to appear in lower court. We know we did wrong. Can we approach the supreme court for bail. I the main accused along with my parents have got the bail and the chargesheet was filed 9 months back. Or should we go to the HC again. Please advise this is very urgent. Thanks
Adv.R.P.Chugh
(Expert) 15 March 2012
Dear Querist,
Your bail application seems to have been rejected as you failed to comply with a condition imposed in the earlier bail order which has since expired. You also seem to suggest that the same was due to medical reasons. Now since High Court did not consider the same, you can always go to the Supreme Court, the fact that everyone else including you, are on bail speaks volumes about the gravity of the case, and your sister should get bail, in light of recent trend of 'bail not jail'.
Feel free to talk !
Raj Kumar Makkad
(Expert) 16 March 2012
Instead of going to supreme court, your sister should surrender before lower court and should move an application for surrender and bail. I am fully confident that she shall be granted regular bail.
Nadeem Qureshi
(Expert) 16 March 2012
Dear Querist
I agree with mr. Makkad, SC will also direct to you to surrender before Lower court, you can file an application for bail before lower court, on Parity ground your sister can get the bail, 498A, is not a serious crime and according to the principle of bail, bail is right and jail is exception. no need to worry.
feel free to talk
Shonee Kapoor
(Expert) 16 March 2012
I agree with Ld. Makkad and Nadeem.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
Guest
(Expert) 16 March 2012
I also agree with S/Shri Makkad and Nadeem.
prakash
(Querist) 16 March 2012
Thanks for your valuable insights. The problem is that the lower court in Jamshedpur is more active in putting people in Jail rather than providing bail. And since the matter is about my sister, we can't afford the risk of seeing her behind bars. That is the reason we feel that the HC or Supreme court a better option. I was in jail for 70 days, even though there was not a single word against me in the chargesheet. So you can imagine how the lower court is.
