LAW Courses

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

498a warrior (self)     18 September 2014

Nbw recall petition or regular bail

Hi,

I am a non resident Indian and divorced my wife in India. Subsequent to that when I visited India my ex-wife filed a complaint under 498a and got me arrested. I had taken regular bail but then left India due to urgency of my job. Unfortunately I later realized that the regular bail had a condition of submission of passport.

So I believe that is like bail jumping, and as a result of that NBW and Look Out Circular could have been issued against me. However this is simply my guess and I don't know what's happening back in India.

In terms of the case, CS has been filed and my siblings are simply attending court dates. Nothing happened since I left 3 years ago and its only dates after dates.

I am now looking for coming back to India. So shall I apply for a regular bail or a NBW recall or a court stay order?

The case is in the state of Telangana (formerly AP).

Please guide what's the best course of action for me?

Regards



 12 Replies

LoneFighter (IT)     18 September 2014

@kiwi blue

Did yu not get notices at your head quarters office back in hyderabad or were you working for a foreign firm.?

T. Kalaiselvan, Advocate (Advocate)     18 September 2014

It is suggested that you contact an advocate privately other than the one who is handling your case, get the details sought for and confirm if you have jumped bail, if so, you have no option than to surrender before the court once you are in India and get enlarged on bail once again.

498a warrior (self)     19 September 2014

Thanks for replying.


@Lonefighter - as I said earlier, I never got any summons from court or notice from police. I believe it was simply a way to harass me. Had I knew about it then I would have taken anticipatory bail then.


@ Mr Kalaiselvan - thank you for your advice. However the thing is I have contacted and paid lawyers from here but they take the advance money and do not work. I had such an experience with 3 lawyers, and find it a bit challenging to work with Hyderabad lawyers from abroad.


In this situation, if I come to India I may get arrested and will be produced before the magistrate with 24 hours. In such a case can I put forth a petition to apply for regular bail on personal surety and submission of my passport to court, and preying that I will be present whenever the court want me to.


Given the situation I am in is this a practical approach or are there any other alternatives one can suggest?


Regards

LoneFighter (IT)     19 September 2014

@Kiwi Blue: 

If you are specifically coming to fight this case, i would suggest you to be at onsite for how much ever time ur visa is valid. It would not make much difference, if you come now or two yrs later. You might be declared a proclaimed offender, <<as far as i read thru posts on this website>>, but it would torture ur wife.. 

I might be wrong, there could be more problems.. there are better advocates also in hyd. 

498a warrior (self)     19 September 2014

@Lonefighter - my employment already got almost over and I am all set to come back. So it doesn't matter if I have to live in India for another 10 years :-)


I would say this 498a is simply a game of threat and fear. At this time I believe my downside is this bail jump thing but apart from that my ex complaint has no substance at all, Its completely false and I am prepared to fight and come out clean.


But thanks for the headsup and your suggestion.

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     19 September 2014

You should apply for recall of NBW, yes that amounts to jumping of bail.

 

Another thing, which I noticed, did your wife filed 498a after your divorce decree was granted. If that was the case, why did you not move for quashing of the case.

 

 

Regards,

 
Shonee Kapoor

If you don't fight for what you want, don't cry for what you LOST.
1 Like

498a warrior (self)     20 September 2014

@Mr. Kapoor, Thanks a lot for your advise. I am aware of that fact that I can probably apply NBW recall and a quash but unfortunately the lawyers I had approached are so corrupt that even after taking advance money they are not working for me.


I don't know whether it is the influence of the opposite party or they are taking advantage of my situation (as they know my parents are above 70 years old and can't help me).


So now I want to simply come back and start the proceedings on my 498a case. I believe at the most I will be detained by police and produced before the magistrate (which is fine with me). But the question is when I am produced before the magistrate then will I be allowed by police to put forth a petition for regular bail?


Regards

CompelledToLearnLaw (Financial Examiner)     10 October 2014

Brother Kiwi blue, u said, ``I had taken regular bail but then left India due to urgency of my job. Unfortunately I later realized that the regular bail had a condition of submission of passport. So I believe that is like bail jumping.. .... Nothing happened since I left 3 years ago and its only dates after dates.``

 

O really kiwi blue? U realized all this later huh? This is so funny. U just noticed now u skipped out after 3 years? U will never tell us when u actually noticed, will u? My guess is u knew about this condition even before u got the bail because u reminded ur lawyer to fight the submission of passport.

And also, passport submission is the sticking point in an NRI`s bail hearing, how could ur lawyer have failed to notify u of it? This is so hilarious.

 

Brother, we r all suffering, try not to justify ur actions with lies. Just say 498a is on u and u skipped out. There is nothing wrong with defying an unjust law which is invoked with invisible evidence.

T. Kalaiselvan, Advocate (Advocate)     10 October 2014

I think compelled to learn law is right in his observation.   Do not misuse the forum for  legally covering your misdeeds.  You will land in more troubles if you want to have wrong advises.

BHUWAN RAJ 09839268489 (lawyer)     06 December 2014

Dear U can straightaway challenge the NBW in a quashing petition under section 482 Cr.P.C. on various grounds for getting the NBW quashed against u. Or u can also apply for regular bail and that u will get it as u were on bail earlier. I would further advise u to challenge the entire proceedings of 498A in high court in 482 Cr.P.C. petition for quashing. Regards Bhuwan Raj,Adv. Cell: 09839268489

AS   07 December 2014

You will get regular bail but not easily,  As per my understanding  court will grant you bail after 45 days, May be i am wrong . 

If you are not getting lawyer in HYD , then PM , I will give you  my lawyer number from haryana , But it will be very expensive for you.

AS   07 December 2014

One useful information for you.

Criminal Procedure Code, 1973, Ss.82 and 83 - Proclaimed offender - Accused residing in a Foreign Country - No attempt made to serve summons through Ministry of External Affairs - Order declaring accused a proclaimed offender set aside. (Sunil Kumar Vs State) 2002(2) Criminal Court Cases 165 (Delhi) 


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register  


Related Threads


Loading

Post a Suggestion for LCI Team
Post a Legal Query