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srk (Service)     30 December 2015

How to evade arrest when nbw is issued

Experts please help me, this is not my first query i was helped multiple times in the past 4 years. Thanks a lot, i gained knowledge related to 498a just by reading other queries and their replies.

Multiple NBW has been issued by the court against me, not attending 498a, 3/4 DP, 420 and 406 cases filed by my wife in India when i was overseas, my family is attending the court dates but nothing is happening other than new trial dates, its been 4 years, now i want to face the court as i am not able to move further in life, LOC has been issued against me, i got a stay from HC for passport impound order which was issues in 2013.

Is there any way that i can evade arrest when i arrive in India, i am not worried about the days i spend in jail while my lawyer get me out on bail but that arrest record will stay for life and in every application in need to mention that.

1. Can my lawyer request the court to grant me bail as i want to attend the trial.

2. Is coming to India via Nepal is a bad idea as a LOC is issues, is that LOC infromation is shared with nepalese authorities. find details in the link below. 

https://justice2nri.wordpress.com/loc-lookout-circular/

3. Can my family apply for a speedy Trial now so that they can get the case disposed early.

please help me.

Regards

SRK 

 

 



Learning

 5 Replies

Laxmi Kant Joshi (Advocate )     30 December 2015

Engage a lawyer to obtain AB for you then you come to India otherwise police will arrest you in the airport, if you are ready to go in the jail then any time come to India if police not arrest you then file for your AB if rejected then surrender yourself before the court you will be send for judicial custody lateron file for regular bail and fight your case on their merits .

Aashish George (lawyer)     31 December 2015

I agree with the above answer

srk (Service)     31 December 2015

Thanks a lot Laxmi Kanth ji and Aashish ji, 

i will ask my lawyer to submit an application for AB, as 498a and 3/4 are filed as a different case from 420 and 406, these 2 are run parallelly in different court rooms, do i need multiple AB's?

even in surrender in the court does that mean that i was arrested in the records?

Is coming to India via Nepal is a bad idea as a LOC is issues, is that LOC infromation is shared with nepalese authorities. some of the lawyers say that the information will be shared with Nepalese Authorities so its not worth the risk?  can anyone please share their thoughts.

 Regards

Raj

 

Democratic Indian (n/a)     15 March 2016

Engage an experienced advocate and discuss the facts of the cases and see if getting anticpatory bail is probable. Following Supreme Court judgment might come handy for the purpose, Siddharam Satlingappa Mhetre vs State Of Maharashtra available at https://indiankanoon.org/doc/1108032/

1 Like

srk (Service)     16 March 2016


Thanks a lot Shri TGK REDDI and Shri Democratic Indian for your suggestions. I recently came to know that LOC info is not shared with the Nepal Authorities, as per the bail i agree with TGK REDDI, the chances of getting arrested are high even if i surrender in court. Enquired with my lawyer too he said the same. 

 


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