Amit (network engnieer) 27 July 2011

Arrest stay from Allahabad HC

Hello,

My Frien has a false 498A . He applies for quash to allhabad HC and HC granted arrest stay and in his order HC says " petitioners should appear before the Magistrate concerned , the Magiistrate concerned shall release the petitioners on interim bail on their furnishing personal bonds till mediation"

Can I conclude that my Magistarte is bound under HC order to grant him interim bail till mediation ? or Magistrate can deny the interim bail also ?

Amit

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4 Replies

Saurabh..V (Law Consultant) 28 July 2011

@Author

The bail order line as posted by you unequivocally states that Magistrate has to release you on interim bail upon accepting bonds.

Obvious reasons is that there were some compelling circumstances that is why Mediation has been ordered, that is how you got interim protection. Make sure you act practically than emotionally during this interim period.

//peace

/Saurabh..V

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Sanjeev (Lawyer) 28 July 2011

Normally the Allahabad High Court orders a\say that arrest of the petitioner be stayed until the conclusion of mediation and basis the mediation report the HC takes a fresh decision of the 'Arrest Stay' in the meanwhile the petitioners do not need to seek Interim bail fron the Magistrate concerned. I am surprised with what you have mentioned above.

The Interim bail is not required if Arrest Stay granted - this will be required when the mediation fails.

Amit (network engnieer) 28 July 2011

Yes, We ae surprised too. But as HC put the ball again in lower court by saying that interim bail shall be given. Also let me mention one more thing here that HC has directed lower ourt to arange a mediation locally becAUSE All HC is overburdened .

SO till now what HC was doing now HC gave direction to lower court for mediation arrangement and interim bail. Till Interim bail not granted arrest stay is there (some time boudation which we are not mentioning in forum) .

But Yes we were surprised too by this order but at the same time we got info hat these are blanket order from All HC now a days , Whenevr they saw a 498a case they have some standard format of orders to be given.

Amit.

Sanjeev (Lawyer) 28 July 2011

Yes these are blanket orders- but the standards of mediation are high at All HC and when the other side need to travel to Allahabad 2-3 times the cases also get settled many times as put pressure on other side too.....which state your case belongs too is there a local mediation centre there.

If HC has directed you will get Interim bail but this costs as you need to spend on lawyers and secondly two sureties per person and thirdly the credit worthiness of surety he need to have a document to show his financial status.