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Ravikant Soni (LAWYER IN JAIPUR)     23 October 2010

438 anticipatory bail of in laws need citations

I m favoring complainant in a dowry case. In-laws of complainant moved an anticipatory bail application.

Only FIR has been lodged so far. Investigation is on initial stage. Recovery still pending. No one arrested yet. 

father in law seized passport of complainant. all the Streedhan entrusted to parents in laws that not recovered yet.

 

I need in urgent some references of apex court and high courts, preferably Rajasthan high court favoring complainant for the purpose of protesting anti... bail on the points above. 

please help me..



Learning

 13 Replies


(Guest)

Atleast quote the correct section its 498A. If you quote the wrong section how would you contest the bail.


(Guest)

the people charged know the section better than the lawyers defending as they do more research after being charged

adv. rajeev ( rajoo ) (practicing advocate)     24 October 2010

When FIR is filed it amounts to state case.  You cannot resist the aniticipatory bail application filed by the accused.  You have no rights.  It is happened with me.  I had filed my client's anticipatory bail application, which was resisted  by the complainant's advocate by filing an application to implede his client as respondent, I argued that it is state case complainant has nothing to do it, complainant advocate can assist the prosecutor when trial begins.  His application is dimissed and my client got the AB .

Vinod Singh Tomar (Advocate & Legal advisor)     24 October 2010

Mr. Mithilesh,

Advocate RaviKant Soni has stated and mentioned correct section 438. Only the thing, he has not stated Act or Procedure. The mentioned section is  of Cr. P.C. and deals with application for anticipatory bail. You must have heard a little knowledge is dangerous thing. However, the said advocate has mentioned that he is only favoring to complainant but not as an advocate. In state cases, public prosecutor represents to complainants and he is of the view to assist the public prosecutor as advocate Rajeev has mentioned.

DEEPAK ASSOCIATES (08010117611)     24 October 2010

It is general phenonema of judges now-a-days they grants the anticipatory bails to the relatives but in your case the recovery is to be effected therefore, court can direct to accused to hand over the articles, if they do so they will get the AB otherwise it depand upon court.

The Main accused i.e. husband is not entitle to get the AB


(Guest)

Dear Friends,

Can a husband apply for anticipatory bail? i m the victim of 498 a ?

Vinod Singh Tomar (Advocate & Legal advisor)     25 October 2010

Anybody having apprehension in the mind that he will be arrested, can apply for anticipatory bail. Grant of bail is discretionary power of the court and is exercised with much care.

Ravikant Soni (LAWYER IN JAIPUR)     25 October 2010

Dear Mr Rajooo 

But  I think After amendment (2010) in section 24 of Cr.P.C. now complainant has power to appoint a lawyer to favor him/her..


(Guest)

Mr Soni

After Amendment in CrPC the complainant has got right to appoint lawyer. Now advocate apart from PP can represent in the court.

As far as citation for ABs are concerned, the Delhi High court has given ABs in 498a case. You can just navigate in DHC website specially Justice SN Dhingra judgements.

any how  pls find enclosed one attachement

Mr Bechara


Attached File : 44 44 anti bail sc guidelines.pdf downloaded: 312 times

(Guest)

It is much helpfull. thank you

RAKHI BUDHIRAJA ADVOCATE (LAWYER AT BUDHIRAJA & ASSOCIATES SUPREME COURT OF INDIA)     16 December 2010

Do agree with Mr. Soni's views.

NANDKUMAR B SAWANT (ADVOCATE./LAWYER)     15 April 2016

SIR,

YOU MAY OPPOSE THE ABA APPLICATION OF THE APPLICANT BY FILING VAKALATNAMA ON BEHALF OF COMPLAINANT IN SAID COURT AND FILE AFFIDAVIT OF COMPLAINANT MENTIONING ACTUAL FACTS AND ALLEGATIONS AND ALSO THE GOLD SILVER ORNAMENTS AND STRIDHAN AND ARTICLES TO BE RECOVERED FROM THE APPLICANTS AND ALSO PRODUCE MEDICAL EVIDENCE OF BEATING AND INJURIES TO THE COMPLAINANT DUE TO CRUELTY BY APPLICANTS .ALSO PRODUCE PREVIOUS POLICE COMPLAINTS FILED BY THE COMPLAINANT AGAINST SAID PERSONS. AND LET THE COURT DECIDE AND PASS JUST AND PROPER ORDERS. GOOD LUCK.

 

Pawan S (Advocate)     15 April 2016


A complainant can only assist the Public Prosecutor when the proceedings are being conducted at the stage of inquiry, trial or appeal. Such a complainant can submit written arguments after the evidence is closed in the case but as far as application for grant of bail is concerned there is no provision made in the Code of Criminal Procedure that a complainant or a third party can intervene and make any submissions independently in opposing the application for grant of bail or anticipatory bail.

Section 438 (Anticipatory Bail) of the Code of Criminal Procedure does not contemplate by itself any hearing to be given to the complainant party in a police case. There is no provision of law or any case wherein it may have been laid that even in a police case a complainant party can be given hearing

Court is supposed to act independently and exercise his own discretion to see that justice is done in such cases. Court has to conduct the proceedings in a fair mind without any prejudice towards the accused whereas if the complainant is allowed to interfere in the proceedings, it is evident that object of the complainant would not be to see only that justice is done in a particular case but in all probability such a complainant would be swayed with the emotions to seek revenge or vendetta for his own satisfaction. Counsel representing the complainant cannot be as unbiased as a public prosecutor would be.

Regards,

Ekta

 


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