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Harrassed _by _498a (Executive)     30 October 2014

Anticipatory bail hearing !

Experts, Tommorow is the day of Anticipatory Bail hearing, at last date i was not went on hearing, only my lawyer was there in the court, my wife has said to the judge that i am willing to live with my husband, it has been 2 years now we are seprated, at various instances in women cell and police stations i offered my wife to live with me on certain conditions, but now FIR is done arrest notice has been released against me. what i supposed to say in the front of Judge if i dont want to keep her with me ?

is judge reject the bail if i say no , i cant stay with my wife now. she had already implicated me in so many false cases.

 

Regards

 

498a frauds



Learning

 8 Replies

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 )     30 October 2014

Reply to false cases and argue with your versions and with evidence. If she offer to live with you, accept with mutual understanding in writing.

rajendra (na)     30 October 2014

u have the answer with u that u can't stay with ur wife......

Judge will not ask u anything at the time bail only ur lawyer will play key role............

inform your lawyer that u are not willing to live.......

its useless to take 498A wife back and she files this case in future too if u won't listen to her.......

don;t go for AB hearing to court and just stay out of it and get the result through lawyer...if u get bail enjoy if not go underground......

never ever caught.....

good luck

Rocky Smith (Instructor @ Calcutta (rockysmith4calcutta@gmail.com))     30 October 2014

Your lawyer (or you in-person) should not argue like - "I pray bail at any condition",

 

rather he should argue like - "Bail is Rule and Jail is Exception".

 

with all supporting evidences (with list of dates and events) that you have.

Viswambharan V.S. (Senior Advocate)     30 October 2014

If there are multiple false cases filed against you, that itself shows that she is using criminal law to wreak vengeance. Firstly, check if all the elements to attract 498A offense is seen in the FIR. Secondly, you haven't mentioned if there are other offense pinned against you such as 324 etc. If yes, do confirm whether 498A is the only non-bailable offense in the FIR.

And, is your anticipatory bail application pending before Session's Judge or High Court? If its a High Court, do ask your counsel to refer the matter to a mediator for a proper talk. Since there are many false cases, it is better to get her to talk during mediation and make her withdraw all those cases pending against you. Sometimes, its better to admit defeat now to be successful later on and forever..

Harrassed _by _498a (Executive)     31 October 2014

Session Judge, my wife has a very clear conditions,judge is absent today so date has been extended for one week, and conditions of my wife are, she is ready to live on the condition she will not give in writting that complaint is false, and not even wait upto Quash of FIR, she wants me to get arrested if i say i do not want to live with her, at last she need money which is much more beyond my capacity to pay in the name of settlement, i have no option expect applying for bail in higher court if rejected by session court, i know court also favours women like agar rakhna nai hai toh paise do isko...whatever is the amount.......any suggestion please advice. i have still one week for hering now

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     01 November 2014

498A=Frauds,

 

You can always say; that you don't want to stay with the woman anymore. Rather fight the bail on merits. It is a no-gamer, if that is the only thing to argue upon.

 

Better get this question out. Now go into merits.

 

Regards,

 

Shonee Kapoor

www.shoneekapoor.com

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com)     02 November 2014

argue the matter on merit along with the Judgments of the SC/HC in which the court grant bail to husband or another, you may get bail easily, so no need to worry, if judge ask about mediation then accept the mediation and try to settle the matter amicably before mediation if settlement will not be possible before Mediation then fight again you AB will be pending till then and you will not be arrest till then.


Feel Free to Call

Sudhir Kumar, Advocate (Advocate)     02 November 2014

agreed with Mr Qureshi


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