Regular bail in 498a
Pankaj
(Querist) 27 August 2012
This query is : Resolved
Dear Sir,
I need your expert opinion. I am from Bihar and live in Delhi for work. I mother and brother live with me and my sisters are married and settled in Bihar. I am another victim of 498a. I got married in 2006 and my wife deserted me in September 2007 after she recon that she is pregnant. She aborted the child once she reached to her parental place without my consent. I came to know this in 2008 and then file divorce petition in Nov 2008. My wife and her parent filed 498a along with 313 in Jan 2010 on me, my brother, mother, sisters and brother-in-laws. We got anticipatory bail from high courts. Now charge sheet is filed in session court and my sisters and brother-in-laws got their bail regularised. We need to regularised our bail (me, My brother and mother). Please suggest is there any chance that session court can reject our regular bail. What we should do please suggest..
Devajyoti Barman
(Expert) 27 August 2012
No, your bail would not be cancelled. Go for it.
Don't repeat your query.
Pankaj
(Querist) 27 August 2012
Thanks Sir. Just to clarify this. After anticipatory bail we went to session court to regularise this but that’s before the chargesheet. Now chargesheet has been filed in session court. We need to go for regular bail again and is there any chance that the bail can be rejected?
Sorry for asking again but please understand my situation as a layman.
Pankaj
(Querist) 29 August 2012
Thanks Ashish Sir. Thank you so much for the guidence.
Pankaj
(Querist) 29 August 2012
Thanks for all the guidence. I have further query on this. Since the charges are febricated and they included all my family members into this including my married sisters and brother in law living away from me. Is it possible that we can go for quashing in high court. What are the chances for quashing this for my sisters and their husband and for my brother, mother and me.
Please help.
Pankaj
(Querist) 29 August 2012
Ashish Sir Thanks for reply but the case is in Bihar and I got AB from Patna high court.
PARTHA P BORBORA
(Expert) 30 August 2012
In my opinion as charge sheet has been submitted and as all accused persons are on bail you may face the trial and if you face the trial, your sister & sister in law may be represented by the lawyer as per the provision under Section 205 Cr.P.C.
V R SHROFF
(Expert) 30 August 2012
Well advised / ger exemp u/s 205 from appearance ,
Trial is very slow process and 498 fails 98%
Pankaj
(Querist) 31 August 2012
thanks experts for your kind advice. Please advice if there is any chance that if session court will reject my or my mother and brother regular bail. My sisters and brother in lows already got regular bail.
sukanya (Joyce)
(Expert) 01 September 2012
bail will be regularized, but with conditions, sometimes depending upon the facts. I agree with Ashish answer.
prabhakar singh
(Expert) 01 September 2012
BAIL ? MAY OR MAY NOT GET REGULARIZED.
Pankaj
(Querist) 07 September 2012
Dear Sir,
Please suggest lawyer of Patna high court for 498A quashing. It need this urgently. Thankful for any help in this.
