498A- Stay of Arrest from Allahabad HC

Guest (Querist) 08 January 2011 This query is : Resolved
we had secured stay of arrest from Allahabad HC and currently the case is in mediation.

In between we have received summons from the trial court so when we appear before the trial court would we be protected by the HC orders of stay of arrest. As the order clearly states that the arrest of the petitioners is stayed until the onclusion of the mediation.

1.Can we appear before the trail court basis the stay of arrest orders that we have from HC.

2. Is there a way that stay of arrest from HC can be extended and can prevail throughout the period the case goes on in trial court and we are not required to secure regular bail. Its been said by lawyers that at the most the expectation from HC can be same day hearing of bail application but court will not extend stay of arrest upto conclusion of trial.

3. Please suggest if there has been any case where it was granted.

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Arun Kumar Bhagat (Expert) 08 January 2011
Since there is stay on arrest the court should release you on furnishing bond of appearance u/s 88 Cr.P.Code.

DEFENSE ADVOCATE.-firmaction@g (Expert) 08 January 2011
but what is the case.

Advocate. Arunagiri (Expert) 08 January 2011
I presume that you are an accused in the criminal case and the court had issued NBW.

The stay is till you appear before the trial court in the next hearing itself. It will not be extended.

File a recall petition before the trial court.

Guest (Expert) 08 January 2011
NANDKUMAR B.SAWANT.M.COM.LL.B.(MUMBAI),ADVOCATE
MOBILE.09960223100, 09271971251
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KINDLY NOTE THAT YOU HAVE TO SEND THE COPY OF HIGH COURT ORDER AND ALSO MENTION BRIEF PRAYERS IN THE PETITION FILED IN HIGH COURT
STILL ON THE BASIS OF AVAILABLE INFORMATION IT MAY BE NOTED THAT.
1.IN CASE OF NON BAILABLE WARRANT ISSUED AGAINST ACCUSED, THE HIGH COURT MIGHT HAVE ORDERED STAY OF SAME .
2.YOU MIGHT HAVE FILED WRIT PETITION / REVISION FOR QUASHING THE LOWER COURT CASE .BUT THERE MAY NOT BE A STAY GRANTED TO THE LOWER COURT CASE AND HENCE LOWER COURT HAS ISSUED SUMMONS TO APPEAR IN THE COURT.
3.IN SUCH CIRCUMSTANCES AS YOU HAVE RECEIVED THE SUMMONS OF THE LOWER COURT ,IT IS ALWAYS ADVISIBLE TO APPEAR BEFORE THE SAID COURT AND PRODUCE THE COPY OF HIGH COURT ORDER AND ALSO APPLY FOR BAIL AND FURNISH SURETY IN THE SAID CASE.
4.YOU MAY FURTHER FOLLOW UP YOUR HIGH COURT MATTER AND TRY TO GET STAY ORDER TO THE LOWER COURT MATTER.
5.KINDLY NOTE THAT ALL HIGH COURT ORDERS ARE IMMEDIATELY SENT TO THE LOWER COURT WHERE CASE IS PENDING.AND AS THE SAID COURT HAS ISSUED YOU SUMMONS ,THERE IS NO STAY TO THE SAID MATTER.SO APPEAR IN THE COURT AND APPLY FOR BAIL AND SUBMIT SURETY DOCUMENTS.GOOD LUCK.
YOU MAY WRITE AND SEND DETAILS FOR FURTHER HELP .GOOD LUCK.

Guest (Querist) 08 January 2011
It is a 498A case- we had filed quashing of FIR case and basis which stay arrest is granted by HC - referring the case to mediation centre.

The mediation is still on but in between the chargesheet is filed by police so we have received summons to appear before the trial court. Can we appear before trial court as we have stay on arrest from HC.

Amit Minocha (Expert) 09 January 2011
yes , if it is a stay , it is a stay ! The HC has granted a stay , so lower Court cannot raise objection to it.

Kirti Kar Tripathi (Expert) 09 January 2011
you appear in court and produce the copy of the stay. your problem will automatically solved. it is for the court to decide further action.

498A- Stay of Arrest from Allahabad HC

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