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pooja (developer)     01 April 2012

Section 498

please give me some lawyer details who is trustable and can bring out my brother in law out of jail as soon as possible. we hired a lawyer but either he is involved with the opposite party or he is incompetent as he is not able to make any progress. My brother in law was called by IO and when he went there, he was put behind bars and later sent to jail. My lawyer told us that the vakalatnama didnt come in time from jail. So, he was unable to file the petition. And he'll be doing it on monday morning but the hearing will be made on tuesday the latest.


could you please tell me if there's any provision of ad interim in section 498. Can we get this untill we don't get anticipatory bail for him.

Also, can other members of my family who are still not arrested be granted the same AD interim bail.

 


Any help is highly appreciated.



 4 Replies

Guest (Guest)     01 April 2012

Where is the case?

Once the arrest has been caused,the remedy lies only in filing for regular bail. If the lower court rejects the bail petition, move the HC. As regards the members who have not been arrested yet, they can move for anticipatory bail. Interim bail is given only in case of anticipatory bail.

 

Regards,

Ashish Davessar

Advocate

Delhi, Chandigarh

08427414792

pooja (developer)     01 April 2012

this case is in Patna distt court, Bihar.

do you mean that we can apply for interim bail for only those members whose anticipatory bail has been applied but yet to be granted?

could you please tell me how long does it usually take to get interim bail ? i have heard from some sources that people get interim bail within 3-4 hrs applying on the same day... is this information holda true?

Guest (Guest)     01 April 2012

The request for interim bail is made within the anticipatory bail itself. It is the discretion of the court whether it wants to enlarge the applicant on interim bail or not pending a decision on anticipatory bail. If interim bail is given, the applicant cannot be arrested till the application for anticipatory bail is decided and dismissed. Interim bail can be given in a matter of a few minutes from the start of the hearing if the case is canvassed well before the court.

Feel free to talk

 

Regards,

Ashish Davessar

Advocate

Delhi, Chandigarh

08427414792

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com)     01 April 2012

Dear Pooja The bail is right and jail is exception, it is a fundamental rule of Law & apex court relied this rules many times, recently it is also relie, this is not a big deal, he will get the bail 100%.

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