Summons 498A

Guest (Querist) 14 February 2011 This query is : Resolved
I have received summons to appear in a 498A case next week. I had secured regular bail at the time of FIR (me being the husband).

My parents instead of applying for regular bail secured a Stay arrest from Allahabad high court by filing a writ petition that granted interim relief by referring the matter to mediation. The mediation is on the verge of failing so the stay of arrest will vacate.

I have referred with my lawyer he says that on the first date when we appear since our stay from high court exists we need not apply for bail in trial court.

Can you advise that is securing bail after chargesheet from trial court difficult for the co-accused means if husband has got bail.

In mediation the counsellor is threatening me to settle as if it fails by parents bail will vacate and they will go to jail. but I said the terms not within my means I cannot accept.

Please guide if I apply bail for my parents in 498A/406/502 charges would it be difficult that too after chargesheet.

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indrajit mukhopadhyay (Expert) 14 February 2011
In most of the magistrate triable cases bail is obvious after filing sharge-sheet. In your case when principal accd. was granted bail, definitely no problem should arise in granting bail for parents.

Devajyoti Barman (Expert) 14 February 2011
Once the charge sheet is filed and the principal accused person(YOU)has got the bail, there is very unlikelihood that your parent's prayer for bail would be rejected. Do not oay much heed to what the mediator is trying to force.

Amit Minocha (Expert) 14 February 2011
Agree with MR Barman, it seems that the mediation the ethics are not followed by your mediator. You should immediately ask for change in mediator and it will be done immediately.