498 a 406..fake cases

Querist : Anonymous (Querist) 04 November 2011 This query is : Resolved
dear sir,

recently arrest warrant wr issued against my family under 498 a and 406.investigations wr nvr joined by my wife in CAW and she went for arrest by 156(3).the high court granted us AB
writing that the boy should join the investigation and the wife is filing the same complaint again and again after residing separately for more than 3 years. We went to
give her back all her items. she took all the things except her one item of furniture, gold ornaments and clothes.

now the IO has written in the report that regular bail should not be granted to us because some of the items wr taken back by the girl and some wr not.is it going to affect our appeal for regular bail?? if yes thn wht steps shld be tAKEN???? SO THAT WE SHLD GET REGULAR BAIL?? WE DO HV SM EVIDENCES OF HER ACCEPTING THAT WE NVR DEMANDED ANY THING.

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Raj Kumar Makkad (Expert) 04 November 2011
You should return remaining items as provided under list like gold ornaments, clothes and furniture so that police may make its recommendation accordingly.

Shonee Kapoor (Expert) 04 November 2011
When the HC granted AB, the trial court can not stop Regular Bail.

The HC directive was to join investigation and not effect recovery.

Regards,

Shonee Kapoor
harassed.by.498a@gmail.com

Querist : Anonymous (Querist) 05 November 2011
thnks...

Arun Kumar Bhagat (Expert) 07 November 2011
In view of Siddlingam Mhatre judgement of the Supreme Court published in Jan'2011 the IO may make prayer for remand of the accused despite anticipatory bail.

Querist : Anonymous (Querist) 07 November 2011
its not about IO's recommendations.Its about the girl refusing to take sm things wth her at the time of recovery

Querist : Anonymous (Querist) 07 November 2011
its not about IO's recommendations.Its about the girl refusing to take sm things wth her at the time of recovery.

Shonee Kapoor (Expert) 08 November 2011
Ld. Mr. Bhagat,

That would amount to cancellation of bail, for which the prayer has to be made in the same court which enlarged accused on AB.

Have you given in writing what items you were ready to return.

Regards,

Shonee Kapoor
harassed.by.498a@gmail.com

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