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pun (eng)     07 October 2012

Physically presence required for ab?

Hello LCI memebrs,

I am on regular bail in my 498 case. my parents are staying in another state. I want to apply for AB for my parents. Do they need to present physically in session court while applying for AB?

Thanks.



Learning

 5 Replies

Adv.R.P.Chugh (Advocate/Legal Consultant (rpchughadvocatesupremecourt@hotmail.com))     07 October 2012

No Personal Presence is not required at teh time of AB. Husband's presence is insisted sometimes for mediation in cities like Delhi. However parent's presence is not required at all. It is fraught with the risk of bail being denied and they being taken into custody then and there. 

pun (eng)     07 October 2012

Thanks Bharat for your reply.

On what basis it can be denied for my parents if I who is main respondent is already on bail.

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com)     07 October 2012

Dear Querist

What are the allegations against your parents, if you are the main accused then no need to go for AB you should filed Regular bail before hon'ble court and the court is bound to grant the bail of your parents on parity ground. the court can not reject the bail if you are the main accused.

feel free to Call

pun (eng)     07 October 2012

Thanks Nadeem.

Yes there is no issue to get regular bail for parents..but currently the discussion is going on with police to drop parents name from the case during investigation..as there are sufficient evidence to prove the entire case is false..police is interested in doing it..but wife side is doing complaints at higher level that police is taking my side...so it is advised by police itself to get AB first and later it can be decided if parents names can be dropped.

Raja (XYZ)     08 October 2012

you can file regular bail as well as anticipatory bail also. you have both the grounds.... for any specific query you can contact me. wish you all the best.

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