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Hell Fighter (Member)     02 May 2015

Anticipatory bail and FDR

Dear Experts, In 498a/406/34 case, the police is not investigating the case and blindly saying to the Delhi High Court on the mere word of my 498a wife that recovery of XX Lakhs amount is pending to be recovered. This resulted in my bail being rejected in lower court and now in high court the bail has not been granted yet but the stay on arrest is given until the next court date subject to deposit of an FDR of the amount of Y lakh amount with the court in 4 weeks. The case is still in post FIR but pre-chargesheet stage and thus there is no trial court involved. On the next date, we do not expect police to do anything different because they are not keen on any investigation. Thus the police stance should remain the same. We're cooperating with the investigation and continuing to attend the court dates and police station summons for investigation. Can someone please let us know: 1) What is the reason behind court asking us to submit FDR in the name of court in order to give us only an interim relief? 2) What are the possibilities that the court would do with the amount on the final date of the AB given that this is Delhi HC? I know its upto the judge but perhaps experienced counsel can share their experience. 3) Even if the court is inclined to give this amount to my daughter in law, would the court grant bail to me? please kind help and response expected.


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 1 Replies

T. Kalaiselvan, Advocate (Advocate)     05 May 2015

If the court has imposed condition for grant of bail you have to abide.comly with it, you have no respite from it. What will court do with it and all those things is not your botheration.  The amount deposited with court will remain as court deposit and depending upon the development at a later stage, the same will be disposed as per the orders of the court. You may concentrate on getting bail by complyig with the conditions of the court for the purpose.


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