harassed husband (def) 25 January 2012
1-What is the procedure of surrendering in the Trial Court in 498a complaint cases:
a- During the Interim Relief (Bail on same Day/Amravati) orders by High Court?
b- After the expiry of the Interim Relief ?
2- In case HC rejects the time -extension, can superior courts be pursued to renew HC orders?
Shonee Kapoor (Legal Evangelist - TRIPAKSHA) 26 January 2012
This query is full of ifs and buts and the results would be different in difference cases.
Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com) 27 January 2012
Dear Querist
simple file an application before the court for surrender.
a) it is the descretion power of court of grant or reject the bail, because 498A IPC is not a bailable offence.
b) What is the intrim Relief?
2. yes, you can file revision/appeal against HC Order Before SC as per applicability.
Feel free to call
harassed husband (def) 27 January 2012
Dear Nadeem,
In false 498a complaint case HC passed an order asking husband to surrender in Trial court within 21 days. Since the accused live far away & they anticipate danger to life, he moved SLP against HC order. But SLP got dismissed and meanwhile the husband lost his 15 days of relief.
Husband was told by counsel that the time taken by SC (even if SLP is rejected) in not included in the interim relief provided by the HC. But now he is told to pursue remedy in Trial court only.
The interim relief was - No coercive action would be taken if accused surrender in 15 days and that his bail application to be considered under Amravati/Kamlendra ..."
It is really sad that the time consumed at superior court is not excluded in the relief period provided by lower courts. It seems that appraching superior court is just a gamble ...as one is double penalised if superior reject his pray.
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