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Kumar AK   23 July 2016

Possibility of regular bail in 498a

I am facing case under section 489a and DP act 3 & 4. My parents got AB from Session Court. But My (Maion Accused/ Husband) Anticipatory Bail  application was rejected by High Court. And SLP was also rejected by Supreme Court with note that as charge sheet was already submitted so I should seek regular bail from Judicial Megistrate. No what are the options for me? and possibility of getting regular bail from Judicial Magistrate in Jharkhand. Investigation was over in July 2015, and No material evidence, or MLR, only allegation and witnesses repeating the allegation of FIR, Please advice suitably,,, Regards



Learning

 6 Replies

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 )     23 July 2016

Anticipatory bail is granted under section 438 and section 437 of CrPC, and it can be granted only if the judge is satisfied that all the conditions which are necessary for such relief have been met by you. This is not a very steep requirement for a law abiding citizen, and if you have a good lawyer and you are good atmanaging your lawyer then you do not need to worry at all. 

Vibha   23 July 2016

Since police investigation is complete there should be no problem. Trial court can grant bail if you ask. There seems to be no need for custody or bail at this stage if you are attending trial.

Sood   23 July 2016

Apply bail under other section.. nether 438 or other gonna work...fr mre pm me

Kumar AK   25 July 2016

Dear Experts, Thanks for your valuable suggestions. The matter is in Jharkhand and Trial not yet started, It is at appearence stage, On each date my advocate is filing representation on behalf of my  parents, and on behalf of me updating The Interim order / final order of my AB Application hearing in Session court / and high court. Next date is 29th July 16, 

Now as my SLP for relief is rejected with note that as Charge Sheet is filed I should seek regular bail.

Technically and Ideally If I surrender and seek regular bail I should get bail on merit. But In jharkhand scednario is very bleak for 498A Accused. Contrary to SC Guideline for Husbands Bail Rejection is Rule, acceptance is exception. Main accused (i.e Husband) will  get bail easily Only if he ready for compromise with 498a Wife.

In Jharkhand Practice is that in case of arrest/ surrender cum bail application  at Trial Court normally rejected, In Session Court also Bail is rejected (for Non Compromising 498A Accused), Then HighCourt .. Pandancy here is so much that this process takes up approx 3 month or more.. and in case of negative outcome Supreme Court remains only Option. By that time Accused have to remain in Custody .

In light of above I seek expert advice from seneior members. Thanks & regards.

Nitish Banka (lawyer)     25 July 2016

you can now apply for bail as chargesheet has been filed.

Warm Regards

Advocate Nitish Banka

9891549997

Pawan S (Advocate)     27 July 2016

Since the investigation is over & CS has been filled, you can apply for bail in the trial court.

 


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