XMMHelp616 (WAS) 14 September 2012

Anticipatory bail in 498-a case

My brother who is disabled had his marriage lasted for 3 months period & the girl who is also disabled,living at her mothers place from last 1 yr. Few time before they made a case under 498-A on my parents & brother. Now my parents & brother have applied for AB. But the hearing was postponed due to the late receiving of police diary in court & they got new hearing date on next week. Is this a sign of police involvement with them as the diary reached late & hearing got postponed? How many hearings does they need to get AB? What else should we do as all blames are 100% wrong? How can we avoid to give any compensation? Pl guide us. Thanks.

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Adv.R.P.Chugh (Advocate/Legal Consultant (rpchughadvocatesupremecourt@hotmail.com)) 15 September 2012

Anticipatory Bail is granted pretty liberally especially in 498a cases these days considering the heavy misuse of this law in the recent times, and the comparitive less chances of persons fleeing away or tampering with evidences. Grant of A.B is not dependant upon reciept of Police Diary, the judge should in the fitness of things ought to have granted interim protection till the reciept of case diary. The delay may be because of police acting hand in glove with the complainant. Diligently pursue your case through a competent counsel and there shouldn't be any problems.

Bharat Chugh

*Advocate Supreme Court of India

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Guest (Guest) 15 September 2012

Police could be acting hand in glove with the complainant. Anticipatory bail is the rule and denial an exception in 498A. During the pendency of the AB bail application the court is at liberty to grant you interim bail. The court is not dependent upon the police diary for granting interim bail. Engage a good counsel who can do the job for you.

Ashish Davessar

Advocate

Supreme Court of India

Punjab and Haryana High Court

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