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rahul upreti (owner)     22 February 2012

Anticipatory bail versus stay on arrest

Dear members, i have a 498a only case on my entire family sisters, brothers, parents, me in ahmedabad, AB for parents and me is rejected by district court and gujrat HC months back due to complete lethargy of my advocate as he did not put facts properly as told to me by another advocate, then months of constant mediation took place but as my in laws were asking too much money with too tight conditions, nothing worked out, talks broke down completely. now i came to delhi yesterday and approached a supreme court lawyer for anticipatory bail of my parents, the lawyer suggested that he put an application of stay of arrest instead of anticipatory bail as it would be more useful in parents case, i was shell shocked and didnt pay the fees on some excuse and came back.

the honourable members may please immediately enlighten that after rejection of AB by HC, what should be course of action, the difference between arrest on stay and AB, and what are the consequences of both, in my parents case why advocate is insisting on stay on arrest application instead of AB as put in gujrat HC. urgent please, i have to sort this issue latest by 10th march as still mediation is again taking place but i have no hope from it.



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 2 Replies

Adv.R.P.Chugh (Advocate/Legal Consultant (rpchughadvocatesupremecourt@hotmail.com))     22 February 2012

Dear Querist,

While Anticipatory Bail is sought for u/s 438 CrPC and offers immunity from custody but not arrest. It practically turns a non bailable offence bailable. It works like this - when you get arrested -the police officer is obliged to release you on bail and if a court chooses to issue warrants against you - it must issue bailable warrants. 

A stay of arrest on the other hand - is a part of inherent powers of the court - it provides immunity from arrest itself. 

In the facts it is definately not a good idea to approach for stay of arrest, and I must advise you to pursue AB in Guj. itself, failure of mediation proceedings is no ground to deny AB - Supreme Court is constantly leaning towards bail not jail, with good case laws - and arguments - you are sure to get it there itself. 

498_final stage (Professional)     05 October 2015

sir in my case 406 (complaint case)is filed in 2015 in UP after filing 498a in 2012. My reside in Ghaziabad and girl is from Kanpur.

We moved to HC Allahabad and they stayed the proceedings (case) for my sister and mother. However no relief was granted to me. Now we have again moved to the HC for one day bail hearing.

There is NO FIR and POLICE REPORT SAYS NO CASE CAN BE MADE.

I wanted to know what hurdles I can face in my bail ??

Case is in Kanpur. I have heard that Kanpur and entire UP is an extremely corrupt city and state.

What other remedies I can seek? Can I go for quashing in Supreme Court? Kindly advice

 


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