Criminal Trident Pack: IPC, CrPC and IEA by Sr. Adv. G.S Shukla and Adv. Raghav Arora
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Sekar   06 July 2019

Bail cancellation in 498a

I(A1) got Anticipatory Bail in 498a in 2015 in Hyderabad, where bail order says 10k security deposit and one surety, and 10 days to attend local PS which i did.

In 2016 chargesheet filed. 

In 2018 A2-A7, moved a quash petition where court ordered to dispense from appearance until and unless necessary.

Now OP filed a Petition in High Court to "Cancel Bail for A1 & A2", i haven't got the Petition copy yet.

charges are not framed yet. As A1 i am regularly attending 498a case and i didn't voilate anything as such.
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  1. Is AB timebound?
  2. What are the chances the AB can be cancelled in this case?
  3. Should i take regular bail before the hearing of bail cancellation petition on 27th July?

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Learning

 11 Replies

Sekar   06 July 2019

Yes i did read the order of AB and that doesn't talk about time, but mentioned that i need to surrender and submit the 10K deposit + one person surety + 10 days of attendance at the PS, That is it. there are no other conditions.

Coming to the OP petition, i am in the process of getting it. 

Thank you very much for your prompt response.

P. Venu (Advocate)     07 July 2019

May be Overalarmed. Wait till you receive a copy of the petition. It could be that the petition is dismissed at the admission stage itself.

P. Venu (Advocate)     07 July 2019

In my understanding, the IA is yet to be admitted. However, as I could understand, the High Court had granted you the bail not the anticipatory bail.

Sekar   08 July 2019

Okay now I am confused with my bail type, currently I am on regular bail? Because the bail granted by H.C on my AB petition

Sekar   08 July 2019

I didn't notice that, thanks for the findings, once I get the copy of their petition then most of the things will be cleared

Sekar   08 July 2019

On next hearing date can I go to the HC alone and get the copy of the petition and ask the court for next date so that I can engage the lawyer?

Sekar   08 July 2019

Sorry, that I didn't inform you but I am not a lawyer, I am A1. The OP filed the cancellation only for A1 and A2, I don't know why? Thatz why you can only see two names. In 2015 the bail given by HC hyderabad, which is combined HC that time. Now the concerned HC of AP moved to Amaravathi. All my cases 498a dvc and FC are in Vizag. I don't know why it is mentioned as regular, my bail is AB though. The crime no 99/2015 is my 498a case.

P. Venu (Advocate)     08 July 2019

Anyhow, there is no need to rush. Wait till you receive the notice from the the High Court

Sekar   08 July 2019

I and my father already received a personal notice from my OP lawyer, he mentioned that he is sending this personal notice by HC instructions. He also mentioned to attend the next hearing.

Sekar   09 July 2019

Thank you for your observation, may be because i am facing all these false cases for last few years, I am learning basic knowledge of our Judiciary

Sekar   09 August 2019

I have received the "Bail Cancellation Petition",

https://drive.google.com/file/d/1qq8pzkUKhS6wnpWdLq_onhOcK8_BIjc0/view?usp=sharing

The main allegations are

1. Respondent treatening petitioner & witnesses to come for the compromise (no evidance submitted) - Nothing as such happened from my side

2. Respondent filing RTIs to Income Tax Department and harassing (I filed this RTIs to prove my innocence in taking dowry)

3. Second respondent (my father) filed "Senior Citizen Petition" to harass the Petitioner (This petition is filed to restrain the Petitioner and her family to stay away from senior citizens)

4. Also mentioned about previous 376,420,417 case which is quashed in 2012 after which we married.

Next hearing is on 14th August, yet to file counter/arguments, please give some pointer/citations to argue on.


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