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498a, 406 - interim bail

(Querist) 09 June 2012 This query is : Resolved 
Hi

I have got interim bail from P&H HC (Resident of Punjab).

The terms & conditions of Interim Bail are :

1. I have got Interim Bail till July 05, 2012
2. I have to join Investigation, when called by IO

Nothing regarding recovery has been mentioned there.

I have certain IstriDhan Items with me, which they never demanded earlier till F.I.R. They have exaggerated list as usual.
But the real problem is regarding ornaments. She has taken all but still she is claiming that everything is with me.

How can I return the things, which I have never got or which she has already taken. So, eventually I won't be able to meet their recovery expectations.

Kindly let me know, that will this be a major obstacle in conversion of my Interim Bail to Absolute Bail.

Also, guide me that whether I should take all the 'IstriDhan' items with me to IO or let them come and take those items.

Thanks
Nadeem Qureshi (Expert) 09 June 2012
Dear Vipul Sharma
It is the matter of trial regarding Istridhan and ornaments.
first of all join the investigation and get some written documents in your favour which show that you did join the investigation. you can get regular bail easily, no need to worry.
Feel free to call
ajay sethi (Expert) 09 June 2012
if your wife has taken the ornaments do you have evidence of same . in your staement you should mention when she took the ornaments . hvae you in any correspondence with your wife mentioned these details .
Devajyoti Barman (Expert) 09 June 2012
This is not a ground for delaying the confirmation of bail.'However ask the court for direticon upon the Police to visit the matrimonial place so it could give a report about seizure or non of it of the stridhan articles.
Once that is done the court would confirm the bail.
Shonee Kapoor (Expert) 19 June 2012
There are many judgements which says that Bail Proceedings are not recovery proceedings but that doesnot mean that bail would be granted pending the recovery.

The police can ask for remand for recovery.

It is a matter of arguments and how well your counsel argues.

Regards,

Shonee Kapoor
harassed.by.498a@gmail.com
Dharmesh Arora (Querist) 20 June 2012
Thanks very much for the guidance.


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