anticipatory bail

pru (Querist) 25 June 2011 This query is : Resolved
I am facing a 498a. my anticipatory bail hearing is going on.

chargesheet has not been filed in 3 months.Can I get anticipatory bail on this basis?

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Devajyoti Barman (Expert) 25 June 2011
Non submission of charge sheet after 3 months is not a ground alone for getting anticipated bail.

The court after perusing the CD may grant AB at its own discretion.

Guest (Expert) 25 June 2011
Athis is the discretionary power of the court and also depends upon the role of the accused in the crime, on that basis court grants the anticipatory bail if the case is only of 498 A than court easily grants the AB but if there are any other sections of IPc like 323,324 etc than it is difficult to grant AB.

pru (Querist) 25 June 2011
charges are 498a and sec 3/4 DP act

DEFENSE ADVOCATE.-firmaction@g (Expert) 25 June 2011
Still as per latest Mehtre case of SC bail is right and jail is exception.

Ajay Bansal (Expert) 25 June 2011
Agree with Devajyoti.

Guest (Expert) 25 June 2011
SIR,
YOU MAY MENTION THESE FACTS THAT CHARGESHEET NOT FILED IN 90 DAYS .IT MAY HELP YOU GETING BAIL FROM THE COURT.
AS YOUR AB PETITION IS PENDING MENTION THESE FACTS BEFORE THE COURT AND YOU WILL GET BENEFIT AND COURT WILL CONSIDER GRANTING AB.GOOD LUCK.