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gautam jain (hr)     04 January 2013

498a,354,406,120b

Hi all !!!

Want to know what are the points a judge looks while granting anticipatory bail and while not granting the same. How much does a lawyer charges for the same. If the same is rejected in Session court & High Court & Supreme Court what to do.

In my case my wife is fine and asking for a heft sum to compromise which i cannod afford. I was already living seprately with my family members as per the written agreement between our family. I wanted her to come back hence filed RCR , when she came to know about it she filed all the  cases. What evidences should i collect for ex.affidavit etc.... will affidavit is a proof of innocence by the mediator in the family agreeement or not

Plz help !!!



Learning

 8 Replies

Rahul Kapoor (Legal Enthusiast)     04 January 2013

hello,

granting AB depends on court.

court will consult the IO before granting the AB.

where is your case ?

you just need to fight the case on merits.

what is the status of RCR case ?

 

regards-

rahul.gogreen@gmail.com

Alok Tholiya (self employed)     04 January 2013

Depends , honest judge will see notes of police but others will see notes of culptits. Fees will also depend on similar criteria. Bigger the crime, bigger the advocate biggervthe bribe so bigger the fees.

gautam jain (hr)     04 January 2013

I fell judge must be also following some rules for granting or not granting a bail ... is there any or judge acts as per his wish... please let me know specific rules if any

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     05 January 2013

Bail is a matter of discretion.

 

The Judges normally are competent people, they look into various aspects like reasonable excuse etc too. By in large it is as per the practise of the concerned HC.

 

In Matrimonial cases, the recovery of Stridhan is a major consideration for courts.

 

 

 

Regards,

 

Shonee Kapoor

1 Like

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     05 January 2013

Also, if there is an MLC, it would go against the accused, as prima-facie the cruelty is proved.

 

 

 

Regards,

 

Shonee Kapoor

1 Like

(Guest)

Shonee Ji and other experts,

What should husband family do in following scenarios:

1) When false MLC submitted.

2) When in false Istridhan list  actual items and false items are included.


(Guest)

Shonee

Please advice about bail proceedings in case of:

1. false streedhan list.

2. wife taken away jewellary.

1 Like

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     08 January 2013

Dev,

 

Then it would depend on many factors and one of the most important factors would be which city/ state the case is in.

 

As I have seen from my limited experience in Delhi there is deliberation on Stridhan and some amount is given to the girl during AB/ the money is deposited in court without prejudice. Even the gravity of false MLC is taken on prima-facie.

 

However, in Haryana it would spell doom for the prospects of AB.

 

 

 

Regards,

 

Shonee Kapoor

1 Like

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