Criminal Trident Pack: IPC, CrPC and IEA by Sr. Adv. G.S Shukla and Adv. Raghav Arora
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Srinivas (.)     24 May 2016

498a-bail got expired

Sir, Wife filed 498a on me and later police filed chargesheet adding parents names and Sister and Brother to chargesheet. Me and parents got bail. Meantime police requested to court to issue NBW to my sister and brother and same NBW pending in lower court. My brother and sister applied 498a chargesheet quash in Highcourt but Judge informed to our lawyer that Recall NBW in lower court so that my sister name and brother names will get quashed. My brother and sister doesnt have bail and later my brother and sister applied for BAIL in lower court same they got BAIL but our lawyer didnt inforom the same to my brother and sister. Now BAIL Got EXPIRED.1) Is it possible to apply again for BAIL? If so Please advise how to proceed with this. Thanks for your time.



Learning

 7 Replies

Q Slinger (NA)     24 May 2016

1/ Please change your lawyer. Looks like he/she is not doing the job properly.

Once you change your lawyer and get a better one, see if he is saying the same thing as learned lawyers in this group. If yes, then proceed with the suggestions.

Also, please attend weekly meetings of your local save indian family chapter (www.saveindianfamily.in) this will be very helpful..

 

Pawan S (06292021602) (Advocate)     25 May 2016

Once the anticipatory bail is granted then the protection should be available till the end of the trial unless the bail is cancelled by the court on finding fresh material against the accused.

 

Q Slinger (NA)     25 May 2016

Originally posted by : Ekta
Once the anticipatory bail is granted then the protection should be available till the end of the trial unless the bail is cancelled by the court on finding fresh material against the accused.

 

Or on non appreance to the court when required.

Pawan S (06292021602) (Advocate)     25 May 2016

"fresh material against the accused" covers 

"non appreance to the court when required." 

Pawan S (06292021602) (Advocate)     25 May 2016

Originally posted by : Q Slinger



Originally posted by : Ekta



Once the anticipatory bail is granted then the protection should be available till the end of the trial unless the bail is cancelled by the court on finding fresh material against the accused.

 





Or on non appreance to the court when required.

"fresh material against the accused" also covers 

"non appreance to the court when required." 

Q Slinger (NA)     26 May 2016

Originally posted by : Ekta



Originally posted by : Q Slinger






Originally posted by : Ekta



Once the anticipatory bail is granted then the protection should be available till the end of the trial unless the bail is cancelled by the court on finding fresh material against the accused.

 





Or on non appreance to the court when required.





"fresh material against the accused" also covers 

"non appreance to the court when required." 

Not questiniong you, but clarifying this to the Poster so he won't confuse between "fresh evidences" and his duty to appear in court when required.

Nitish Banka (lawyer)     08 June 2018

Posted by: Nitish Banka  Categories: Criminal Law 
 

 

Anticipatory Bail in 498a

Anticipatory bail in 498a is advisable and recommended

A family comes under pressure when they come to know that a FIR under section 498a has been lodged in police station.

The first cause of stress is call be Investigating Officer to join investigation to old parents, husband, husband sister or brother.

The trauma is whether they can be arrested or not.

It is not advisable to visit investigating officer without protection from the court this protection is termed as Anticipatory Bail.

The process of getting Anticipatory Bail in 498a

The chances of getting bail under 498a is quite high as I have already discussed in detail in one of my articles

chances of getting anticipatory bail 498a 

The conditions of anticipatory bail are not very stringent but if they are stringent it can always be challenged. I have discussed in detail the conditions Conditional Anticipatory Bail 498a/406

Now as per the judgement of 498a under Rajesh Sharma versus State of Uttar Pradesh. there is a stay on automatic arrest in the cases of 498a. But this judgement is challenge in higher bench and revisit the judgement.

Image result for anticipatory bail

Anticipatory Bail in 498a

Therefore still the permission of getting kin and husband arrested is less. But family will never know whether the permission of arrest is granted or not so there is an apprehension of arrest in 498a and therefore it is advisable to get 498a.

Grounds to argue 498a bail application

  1. Old parents this ground works if parents are old.
  2. Prior divorce petition pending.
  3. Strong roots in society
  4. Ready and willing to join investigation.
  5. Vague allegations
  6. Delay in filing FIR
  7. Return of streedhan articles.

Courts View

Courts will ask for status from the IO. Gen really IO will tell the court that whether permission of arrest is granted or not and if it is not granted then the court will most probably grant interim protection of arrest for certain period of time i.e 7 days so that the IO. will send notice of arrest and on this notice the party will again apply for anticipatory bail in such circumstances.

This is right strategy to abate any arrest circumstances.

By.

Advocate Nitish Banka

9891549997

 


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