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Determined to get justice (Manager)     28 September 2012

Fir,anticipatory bail,arrest warrant...

Based on false complaint of dowry demand and DV by sister in law, FIR has been filed at the CAW Police Station (after 4-5 sessions of counselling between husband and wife). FIR has been filed against the husband, his aged parents, and other close relatives (sisters etc) without even calling any of the family members to participate in investigations or hearing our statements. Our lawyer advised to apply for Anticipatory bail, else any of us can be arrested if we go for any investigations etc without an AB, since FIR has been issued. However, Police is telling us that we applied too soon, we should not have applied since investigation is still on and there is no risk of arrest till investigation is over.

(i) Is what the police telling us correct? or are our concerns real?

(ii) Can the sessions court reject bail plea,on grounds of pre-empting the investigations? If yes, will this go against us?

(iii) what is recourse if bail plea is rejected?

Please advise......

 



 2 Replies

Adv.R.P.Chugh (Advocate/Legal Consultant (rpchughadvocatesupremecourt@hotmail.com))     28 September 2012

Your lawyer is absolutely correct. Anticipatory Bail is filed during investigation only for the simple reason that arrests take place during investigation almost invariably. Police have been known to serve 160 notices to appear and participate and arrest persons. Anticipatory Bail is very liberally granted in such 498a/406 cases these days due to heavy misuse and after some supreme court judgments clarifying the law. Bail normally won't be rejected but if it is High Court/Supreme Court are the recourse. 


Advocate Bharat Chugh

*Supreme Court of India

2 Like

Guest (Guest)     29 September 2012

Your lawyer is right. The police is misleading you. It is open to the police to arrest the accused at any stage of the investigation if AB has not been granted to him. In 498A/406 cases AB is the rule and denial an exception. The court will not deny the relief of AB if the case is argued properly by the counsel. Pursuant to AB being granted the accused shall have to join investigation. In the event of the court refusing to give AB the doors of the HC and the SC are always open.


Ashish Davessar

Advocate

Supreme Court of India

Punjab and Haryana High Court

2 Like

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