Mahadev 16 June 2015

498a - anticipatory bail

Hello Members/Lawyers ,

I am a victim of false 498A case along with my parents . My parents were granted Anticipatory bail by Highcourt and the Judge directed that they be immediately released upon arrest ( as is Anticipatory bail ) by concerned PS - IO based on conditions they feel fit . My parents went to PS and the IO did the necessary formalities with my lawyer and 1 bailer which our lawyer had got .

I wanted to know what documents to collect from PS-IO for this process . In addition to it the laywer also said that we need to deposit X amount of surety each for parents in court along with Y amount each for bailer .

Can you tell me if Ant. bail order by High court Judge directs PS-IO to release immediately upon arrest then is it necessary to submit in court surety amount along with amount for bailer as trial court magistrate didnt grant bail and hence cannot set any conditions .Chargesheet is not filed yet.

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6 Replies

Anil Upadhyay (Lawyer) 16 June 2015

Anticipatory Bail is granted by court on terms & conditions and you have to fullfill such conditions which are being direct by the Hon'ble Court, to get the benefit of that Anticipatory Bail. I would suggest you to peruse that order carefully and you will get clarity.

Hope you got the answer..

rajuchowdappa 16 June 2015

Mr.Mahaska Better contact me 9738465552.

Mahadev 17 June 2015

When is the right time to go for FIR Quashing in 498A Case in Hon'ble High court . Is it

a) After FIR is filed but Chargesheet is not filed

b) After Chargesheet is filed.

One more question : Do Highcourts allow transfer of case to a neutral place within the same state where complaint is lodged by wife if they are convinced that based on CrPC 177 Jurisdiction ground is strong but Jurisdiction being in a different state and Hon'ble highcourts not empowered to transfer case to diff. state .

Anil Upadhyay (Lawyer) 17 June 2015

You can move for Quashing under section 482 and quashing can be done at both stages mentioned by you. Transfer of case depends on discretion of Judge and no such case law is in my knowledge which support you.

Mahadev 17 June 2015

Hi Anil Sir,

Thanks for your response .
Regards
Ashok

Mahadev 17 June 2015

Do any other respected lawyers in this forum have any judgements to support my transfer query as mentioned earlier in the above thread. If yes please provide the same . I would really be thankful for it.