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R Saxena (owner)     29 July 2016

Condition in prison of a 498a harassed husband

I have been accussed of 307 , 498a by my wife .  My anticipatory bail from HC got rejected, and I am preparing myself for time in judicial custody, till I get regular bail.

Needless to say I am innocent . I will win the case . I am not worried about trial. I am also not worried about my prison stay.  What I am concerned about is what will happen to me inside prison.  The relationship with me and my in-laws is like that between India-Pakistan (literally, maybe worse). They also have relatives/friends in the police department. Some people have told me, that in order to keep me safe from police and other criminal elements inside judicial custody, I need to heavily grease the palms of the police.  To make matters worse, I am running short on cash.

My query to dear members is: Since I cannot pay the police (and I really cannot!), will I be tortured by police or other prisoners inside? This is Rajasthan prison. Now I am aware that I can ask for 48-hour physical examination to ensure I am not tortured, etc, etc, but this is theoretical. What can physically happen to me if police get zero money from me.

 

WifeHarassed



 11 Replies

Pawan S (06292021602) (Advocate)     29 July 2016

If Bail rejected by High Court means, you can very well file another bail petition under Section 439 CrPC (on the same provision even Session Court has the power to release on bail) after a lapse of some time (around 15 days) by citing a change of circumstances before the High Court itself.

 

If you want to go to higher forum, i.e. Supreme Court of India you can file SLP. As per the Indian Judicial System you have to deplete/exhaust all the remedies before knocking the doors of the Supreme Court. If bail is rejected by HC you can very well file SLP before Supreme Court for bail.

 

 

Whereas you can file another petition (apply for bail in a fresh application) before High Court itself, seeking bail if the case is not that much heinous crime and you have the confidence to get bail from the High Court itself.

R Saxena (owner)     29 July 2016

Thanks, but my query is different.

Pawan S (06292021602) (Advocate)     29 July 2016

I am very well aware about your query. Simply, you are thinking about the extreme situation.

And I am saying, you still have some option that you may want to try before thinking about the extreme.

 

Vibha   29 July 2016

On what grounds was your bail rejected? 

Pawan S (06292021602) (Advocate)     30 July 2016

307 IPC is itself cognizable, non-bailable & non-compoundable offence. So, i believe, this is the reason for the bail rejection.

@Querist can provide the exact reason.

R Saxena (owner)     30 July 2016

my question still remains different from the answer. 

Pawan S (06292021602) (Advocate)     30 July 2016

You asked

What can physically happen to me if police get zero money from me.

This is not a legal query and not the correct forum for this doubt.  

 

 

 

 

 

Please be NOTED : 

We have already advised you the legal options that you can try before going to custody.

 

R Saxena (owner)     30 July 2016

I am a harassed husband, who has been fighting a long, tiring, financially squeezing, mentally torturning battle, not very different from some others in the forum. I do not know of any other forum that I can turn to. Hence as a last resort I have come here to gain knowledge. Due to public nature of the forum I cannot provide more details , or as to why my prison time is confirmed. So if any good samaritan can take pity on this poor soul to suggest on my query, I will be very grateful. Thank you.

Sudhir Kumar (Retd Govt Officer)     15 August 2016

you said

 

"What I am concerned about is what will happen to me inside prison.  The relationship with me and my in-laws is like that between India-Pakistan "

 

How?

Why?

You were at one time their best selection on earth.  How things gone so bad.

Nitish Banka (lawyer)     24 April 2018

Image result for 498a

Nitish Banka (lawyer)     24 April 2018

Posted by: Nitish Banka  Categories: Criminal Law 
 

 

What to do when IO calls in 498a cases

You receive a call from the police station and on the other line there is an Investigating officer is on the  other side of the line.For one moment panic strikes you and you come to know that your wife has lodged a false 498a case against you and your family.

The Io asks you to visit police station so called CAW cell.

When you go and visit CAW cell harassment starts poring in the IO and other mediators starts pressurizing you to settle the matter. You gain strength and refuse to settle the matter and comes back to your home.

Then again you receive the call from the CAW cell to come and join then again then again….

Image result for 498a

Reasons for harrasment

These calls from CAW cell are against the law and just meant to harass you. Even if you join the mediation  process and attend N number of dates present defence evidence to the IO. Still the CAW complaint gets converted into FIR and these calls fails to stop…

The reason for such calls is done with clear motive of harassment and put pressure to settle the issue with estranged wife and if you fail to settle then FIR is converted.

How to deal with police harassment.

As per the Delhi High Court Judgement they have prescribed certain guidelines which is envisaged under Section 41A of CrPC that a written notice with prescribed format has to be sent to the accused while summoning him to appear before IO. So if IO calls the accused i.e husband and relatives of the husband by making a mobile call that is impermissible as per law.

Anticipatory bail in 498a

Anticipatory bail in 498a is advisable and recommended

A family comes under pressure when they come to know that a FIR under section 498a has been lodged in police station.

The first cause of stress is call be Investigating Officer to join investigation to old parents, husband, husband sister or brother.

The trauma is whether they can be arrested or not.

It is not advisable to visit investigating officer without protection from the court this protection is termed as Anticipatory Bail.

The process of getting Anticipatory Bail in 498a

The chances of getting bail under 498a is quite high as I have already discussed in detail in one of my articles

chances of getting anticipatory bail 498a 

The conditions of anticipatory bail are not very stringent but if they are stringent it can always be challenged. I have discussed in detail the conditions Conditional Anticipatory Bail 498a/406

Now as per the judgement of 498a under Rajesh Sharma versus State of Uttar Pradesh. there is a stay on automatic arrest in the cases of 498a. But this judgement is challenge in higher bench and revisit the judgement.

Judgement on 41A by Delhi High Court

(i) Police officers should be mandatorily required to issue notices under Section 41A Cr.P.C (in the prescribed format) formally to be served in the manner and in accordance with the terms of the provisions contained in Chapter VI of the Code. Model…

 https://www.livelaw.in/delhi-hc-lays-procedure-issuance-notice-appearance-police-officers-u-s-41a-cr-p-c-read-judgment/

 


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