498a decision
Querist :
Anonymous
(Querist) 05 October 2011
This query is : Resolved
If Lower Court decides the case against the husband and give 6 months punishment for Jail.
I want to know whether husband has to surrender himself to the police to put him behind bars or if he challenge the order of the lower court in higher court, then he is not required to go to jail till the decision of higher court or first he has to take stay.
Raj Kumar Makkad
(Expert) 05 October 2011
He has first to seek bail for one month immediately on pronouncement of judgment for filing an appeal against the same and then has to seek bail from the court wherein his appeal has been listed till finalization of appeal and till then punishment remains suspended.
prabhakar singh
(Expert) 05 October 2011
I agree with view expressed by Mr.Makkad.
R.Ramachandran
(Expert) 05 October 2011
Yes, I agree with the very correct and appropriate steps indicated by Mr. Makkad.
Querist :
Anonymous
(Querist) 05 October 2011
What are the chances to get bail in this situation. Husband has to hide himself till the bail is granted or he will be arrested immediately after the pronouncement of judgement or afterwards.
Please let me know when the action will be taken by police and if bail is not granted, can he challenge the same in high court to get bail.
What are the consequences if bail is rejected and husband does not surrender himself to police and hide himself
prabhakar singh
(Expert) 05 October 2011
It appears you only know ask query but do not know to read answers.
you have been very clearly told that forth after the judgment is pronounced against you need to apply for a temporary bail for one month.
Then to file appeal within prescribed time and seek bail till disposal of appeal and to inform the court awarded conviction within time.
Hiding is not advised that will be heinous on your part and dis entitle you to bail.
You do need to be present in person on date of pronouncement of judgement without any failure,any hide etc.would be fatality and prove too much unfortunate event for you.
Hence do not be adventurous ,if you are on bail during trial,it is usual course that you shall be granted bail till time of appeal by the convicting court itself where after bail has to be sought from appellate
court till disposal of appeal.Hiding and jumping bail dis entitles you for bail, i am reminding you again.
Arun Kumar Bhagat
(Expert) 05 October 2011
Your question is hypothetical. Six months imprisonment is bailable. No question of Police to arrest if bail is not granted. Where from you got that if bail is not granted. It is the statutory of right of a convict to get bail by magistrate who held him guilty. Do you want to test the knowledge of the experts?
prabhakar singh
(Expert) 05 October 2011
Mr. Bhagat seems to have caught you rightly.
Shonee Kapoor
(Expert) 05 October 2011
:-)
I agree with other experts, it is futile to ask the same query repetitvely.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
Raj Kumar Makkad
(Expert) 06 October 2011
Some persons believe asking, asking, then asking and again asking and remain asking till actual danger comes rather doing any thing.
