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498A proceedings and bail

Guest (Querist) 13 March 2011 This query is : Resolved 
my 498a case trial is not yet started as the case was stayed by HC and mediation is going on at final stages which seems to will fail as the demands of my FIL is beyond my reach and morever my wife walked out within two months and I dont feel it justified to pay anything for a shortlived marriage. the mediator has given the last date for my FIL to think as I refused to pay. chances are that mediation will fail if it fails I have trial court date in march.
I am on bail but HC has stayed arrests of my parents so if mediation fails they will need to secure bail on first date that the other side will object. The charges levied dont include sec 323. Would my parents bail be granted on appearence when they submit their bail applications.
Guest (Expert) 13 March 2011
for your parents you can file anticipatory bail in the sessions court. if already filed than you can file an application for regular bail in the court in which you are going to appear in march. so dont be afraid of that they will be behind the bars court easily grants bail in these cases to the parents.
Kiran Kumar (Expert) 13 March 2011
well my advice is a bit contrary because in a recent SC judgment, the SC has explained that once the court has granted the concession of AB then it shall be there for the full trial and there will not be any need to seek regular bail again from the trial court.

its 2011 judgment.

G. ARAVINTHAN (Expert) 14 March 2011
you can wait till the trial completes. even then you can file appeal and suspension of sentence.
SANJAY GUPTA (Expert) 16 March 2011
agree with Mr. Kiran


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