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Dhawal Bhandari (ADVOCATE)     04 October 2011

Grounds for opposing bail

dear friends,

i wanted to know what all can be made grounds to oppose bail in 498-A cases if we are from complantaint side ? what thing court can refuse to grant bail to accused ?

kindly tell us from your experience in both anticipatory & regular bail cases?



Learning

 11 Replies

Sanjeev (Lawyer)     04 October 2011

Though every person has a right to Freedom and shall be granted bail in 498A offence and unless there is death of wife there seems no reason why a husband or family should be put behind bars.

But as this is your profession so one point of objecting bail could be recovery of streedhan - In case Sec 406 is included in FIR - recovery of streedhan could be a point to object bails.

Alok Tholiya (self employed)     05 October 2011

I would like to learn too.

DEFENSE ADVOCATE.-firmaction@g (POWER OF DEFENSE IS IMMENSE )     05 October 2011

Bail is right and jail is exception.

Pranav S. Thakkar (advocate)     05 October 2011

Dear Sir, on my opinion and thp the best of the knowledge,

   The grounds to oppose bail in the cognizable case of  sec. 498A  of IPC as under  that you need to prove before the court :-

1. The case in this offence is Non-bailable.

2. The Man may  to threaten or pressure to  the complainant  to withdraw if he is relieved on bail.

3. The man who is husband may harrase physically or mentally to the said complainant who is wife so that no safety of the complaiant from cruelity.

  You may find various judgments for that.

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     05 October 2011

It is the same grounds as in any criminal case:

 

Accused likely to abscond

Recovery of Items

The Accused can influence witnesses

Threat to complainant

 

Imagination can add few more unconventional grounds.

 

Regards,

 

Shonee Kapoor

harassed.by.498a@gmail.com

1 Like

Dhawal Bhandari (ADVOCATE)     06 October 2011

look everyone who are against my post i have specially asked this question becoz it our profeession that we should give full attention to our client who enages us irrespective its for or against the innocent or otherwise

so its request to share your experience as to what all are the gounds which can be made ?

and in case if other party is ought to get bail for whatsoever reasons then what precaution or request can we make to judge so that if we are opposing bail & other is getting bail then we should have little bit upperhadn i mean term & conditions if any ?

 

hope u got my point

 

reason it that sometime client engages you for opposiing bail then even if we lost that case what can we do best to satisy our client in one way or another ? 

DEFENSE ADVOCATE.-firmaction@g (POWER OF DEFENSE IS IMMENSE )     06 October 2011

Yes Mr Zeeshan , pl engage advocates to get bail.Morever it is Govt case the they will support or oppose.

Pranav S. Thakkar (advocate)     10 October 2011

Mr. Zeeshan,

 It is a case where prosecution is asking to grounds of  opposing bail.

   We are advocates and we do not take so personal and We are knowing that ALL HUSBANDS ARE  NOT GOOD AND if it is false it is known by eyes of judge. So, We just to respect to procedures what is to be conducted. Ya, It is true that you are in favour of husband in major cases. But, ultimately we are to be cool n calm in every matter.  We if think of our own sister and the husband is cruel.


   So, the coment  "Kis bechare gareeb ko phsane jaa rahe ho ???......" is as emotional sense and pesonal view but we need to be open mind in this profesion. Ya, We can become curious to kow about fact in the case, that is to increase our knowledge by case study.

 

   I also appriciate ur kindness to innocent man who may be harrased in false case. This is to help you to save many man fro false cases. I also like your transperancy of you attitude. But You can change the words before you react like this.

    Thanking you to your honest opinion and natural reaction.

madhu mittal (director)     11 October 2011

Respected sir,

Let me know whether a complainant in a case u/s 138 N I Act, can oppose bail application at the time of taking bail by the magistrate, if yes, please give any ruling or citation or section, because being a bailable offence, but the right of accused is only once, but the accused kept on dragging the matter for years without telling anything in court by simply adjournments and getting bail bond forfeited and again taking bail again and again on very low fine imposed by the courts.

 

 

 

 

DEFENSE ADVOCATE.-firmaction@g (POWER OF DEFENSE IS IMMENSE )     11 October 2011

For bailable offense like NI 138 it is right to get bail , so no opposition allowed.

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     11 October 2011

S. 138 of NI is bailable offence, so how can you oppose bail in the same.

 

Regards,

 

Shonee Kapoor

harassed.by.498a@gmail.com


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