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Helpme498a (NA)     29 January 2011

Procedure to convert AB to Bail


I would like to know some information about the bail.

WE have been implicated in a 498a case  about  2 weeks back and we had applied for AB and we were underground for 2 weeks and today our layer said that the magistrate gave a judgement in favour of  us and he is going to secure the judgement copy on Monday and convert it into a regular bail. So he has asked us to come out on monday

He is not informing us about the next procedure...can any one in the forum pls tell me what is the next procedure and how it will unfold...should we go to PS and then to court of .its just going to be in PS only..can conditions be brought over us... like going to PS every week or so.... convert from AB to bail is surity required ie a person..will the lawyer arrange for it ?

2. approximately how much money is required to be given along with surity.

3. what should we look out for..

Thank you

498a Victim


 12 Replies


which state is 498A registered

Helpme498a (NA)     29 January 2011


manoj joshi (advocate LEGAL ADVISOR AT IDBI BANK)     29 January 2011

i think ab is full bail.... if granted police cant arrest d accused ....after ab filfill d surity   one personal bond. and d surities must ve sufficient papers to declear  there assects.. lke property paper ...  according   d value fix by magistrate ....

Advocate Rakesh Raja (d)     30 January 2011

If order is in your favour it means u have been granted bail by the concerned court. if not then u have to make an appeal.

For ur knowledge  let me tell u one thing that there are two types of bail 1. Anticipatory and 2. Regular.

1. In anticipartory bail, petitioner filed,  if there is apprehension of his arrest.(Before Arrest)

2. In  Regular bail petitioner is in custody or in  jail. 

 Suppose the Hon'bleCourt  orders like this .............. furnishing bail bond of Rs.5,000/- (Five thousand) with two sureties of the like amount each to the satisfaction of the Court.

It means you have to produce two property paper of 5000/- each generally the vechile paper is produced in the court to accept the bail bond for the satisfaction of the court.

Ajay Gulati (Practicing Advocate)     31 January 2011

As said by Mr. Rakesh, AB can be sought in the anticipation of arrest and once u have been granted AB then u just check d order and comply with it if the court has granted u d bail as mentioned by Mr. Rakesh, however normally what happens in the case of AB, the court  gives directions to the concerned Police to give the person charged prior notice, say 7 or 10 days before making an arrest..

However because of the judgment given by the Hon'ble SC on 01.12.2010, now the court has to grant a proper bail even it is AB to the accused and there is no time limit which the courts used to give earlier as mentioned by me above. 

So Plz check the order first..

1 Like

Helpme498a (NA)     01 February 2011

Thamk you Ajay ... for clarifying , I think you are refering to the 

Siddharam Satlingappa Mhetre vs State Of Maharashtra 2 December 2010

where no time limit has been given for Bail as well as if you have AB then its valid till the end of I correct 

Vishwanath (business)     02 February 2011

Dear Ajay Sir,

Kindly explain to me what judgement did the Hon'ble SC pass on 01.12.2010 regarding bail. Do you mean to say that AB has no time limit as it used to be for one month before. Is there no need to apply for regular bail after AB within four weeks as conditioned in AB. I didn't understand what is meant by conversion of AB into regular bail.Please explain and highly oblige.



Ajay Gulati (Practicing Advocate)     02 February 2011

I am talking about Siddharam Satlingappa Mhetre vs State Of Maharashtra, passed on 02.12.2010, I wrongly mentioned 01.12.2010 and in that judgment supreme court held that AB has no time limit..

Vishwanath (business)     02 February 2011

But in AB, the court has laid down conditions like getting formal arrest before the IO within 15 days, accused should apply for regular bail within four weeks. Does this formal arrest before IO account for an arrest of the accused for time limit in filing charge sheet


Vishwanath (business)     02 February 2011

Is this laying of conditions like getting formal arrest and application of regular bail correct!

Vijay (Asst. Manager)     08 February 2011


I have been filed FIR under 498a and 506. I have got an AB with 6 petitioners. Now how much i should pay for normal bail as i have already paid 20,000 for the AB.

Vijay (Asst. Manager)     08 February 2011

Also the timeline to get the normal bail. Thanks.

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