what is station bail? Is it possible to get station bail for 498A? Please let me know more details about this?
modassir nasim (lawyer) 22 April 2011
Learned experts , i would like to draw ur attention on section 436 and 437 of crpc which does not discriminate in police granting bail and court granting bail even police can grant bail in non bailable case as per section 437 crps except some conditions provided there in . All the experts of lawersclubindia are requested to through light in this matter.Thanks.
Ravikant Soni (LAWYER IN JAIPUR) 22 April 2011
Chapter XXXIII consists of Sections 436 to 450. Sections 436 and 437 provide for the granting of bail to accused persons before trial and conviction. For the purposes of bail, offences are classified into two categories, that is, (i) bailable, (ii) non-bailable. Section 436 provides for granting bail in bailable cases and Section 437 in non bailable cases. A person accused of a bailable offence is entitled to be released on bail pending his trial. In case of such offences, a police officer has no discretion to refuse bail if the accused is prepared to furnish surety. The Magistrate gets jurisdiction to grant bail during the course of investigation when the accused is produced before him. In bailableoffence there is no question of discretion for granting bail. The only choice for the Court is as between taking a simple recognizance of the principal offender or demanding security with surety. Persons contemplated by this Section cannot be taken in custody unless they are unable or unwilling to offer bail or to execute personal bonds. The Court has no discretion, when granting bail under this section, even to impose any condition except the demanding of security with sureties.
Arup (UNEMPLOYED) 22 April 2011
BUT WHAT IS STATION BAIL?
I HARD THIS FIRST TIME.
IS IT UNDER SEC 41?
bobby (Consultant) 23 April 2011
I am still not clear. Afetr the investigation, if there is an arrest warrent issued against teh accused. Can the station house officer issue a station bail in case of 498A? or, does the accused need to approach teh court for bail?
I also here for the first time a word station bail ,i think its a railway station bail.haaa!
I think the proper word should be police station bail pertaining to section 498A.But 498A non bailable.Only a Magistrate can grant him bail on application, using his discretion. Offences under this Act are also non-compundable.The complainant cannot withdraw the case on compromise with the opposite party.
If you want to know about all 498A than go to www.498a.org/
Arup (UNEMPLOYED) 23 April 2011
I think the proper word should be police station bail pertaining to section 498A
--- perhaps you are correct.
Tajobsindia (Senior Partner ) 23 April 2011
1. Why you are surprised to hear this for the first time!
2. Are you practicing Criminal matters especially BAIL matters?
3. This is the most common things practicing criminal law lawyers do regularly [offcourse if we have good report with PS :-) ]
Above take(s) being besides the point;
1.1 If you are writing this post from AP, Delhi, Haryana, MP, WB and Maharashtra States then it is possible to get station bail.
1.2. Station bail is a process where bail amount is paid to PS instead of lower court to get bail.
1.3 In 498a IPC accused person(s) need to apply for Bail in concerned and or superior Court as it is still non – bailable offence.
1.4 Except AP no other State HC’s has issued Circular to the best of my knowledge and it is only the State PHQ which has issued such Circulars and one may refer to my older post to see the copy of such Circulars obtained under RTI which some of you thanked – for what is my question today !
Only in AP State High Court Circular (see my older post where I pasted the Circular which I got from RTI) sent by the Judicial division of MHA. The police distributed the same circular to all P.S. in AP. It is other matter that I have Appealed against this gross malpractice.
The recent Amendment U/s 41 A CrPC only gives time to the accused from being arrested by the police arbitrarily, that too for 4 days. In these 4 days the accused moves sessions or HC for AB. The police and APP may still object the bail at that stage. Once a court grants bail - such bail bond can be paid at the PS or at the lower court.
The grant of bail is at the discretion of the court. Refer to one of my longest post on Bail precedent straight from SC in one of my older post here which some of you commented on my long writings here – now I have the last laugh since you did not read instead commented on my long posting and or on my English so it deserves well on your knowledge.
There is no confusion here. Most people prefer to pay at the lower court - to avoid going to PS. And if you pay at the STATION bail amount then it is called Station Bail.
modassir nasim (lawyer) 23 April 2011
Learned experts , POLICE CAN GRANT BAIL IN 498 A THOUGH IT IS NON BAILABLE .i would like to draw ur attention on section 436 and 437 of crpc which does not discriminate in police granting bail and court granting bail even police can grant bail in non bailable case as per section 437 crps except some conditions provided there in . All the experts of lawersclubindia are requested to through light in this matter.Thanks.
Tajobsindia (Senior Partner ) 24 April 2011
@ Ld. Nasim
Seems you read https://hc.ap.nic.in/orders/crlp_1239_2010.html
Reasoning given therein is self explanatory to your que. however both Sections in yoru que. work on different footings as far as S. 498a IPC is concerned even you know that !
Also read a distorted old media reporting;
In the above media report the title is totally misleading to experienced persons.
S. 498A IPC is a Non-Bailable offense. It qualifies under the recent CrPC Amendment 2010 - simply because the punishment is for 3 yrs - while the Amendment covers upto 7 years.
We all know that CrPC 41 deals with the power of the police to arrest people.
In fact the Ministry of Home Affairs (Nov. 2010) sent the Guidelines to the High Court and HC sent notifications to all subordinate courts in the State. Hence the police circular.
This will be the same in other states as well - unless the Amendment be repealed by the States.
Now you may naively ask how can a State repeal the central Govt amendment?
a. Because CrPC is on the concurrent list, the State legislature can repeal (See UP has repealed sec 438 CrPC - AB Provision is in place though not posted as Circular for which we are trying hard which is besides the point here).
b. However such repeal must be approved by the Feds. In most cases the Feds approve - as a State Legislature has passed the repeal - else such repeal is subject to legal challenge in courts. So far I havenot heard funny people rushing under guise of PIL to challenge the same if yes then update me on such challenge matter(s).
Now what happens when CrPC Amendment 2010 in place?
a. While this amendment gives the accused some time, to apply for AB - in case of apprehension of arrest by the police. While it is not easy for police to arrest as well. Sec 41 enforces to record the reasons for arrest and such recordings become subject to disclosure via RTI . So the police will be careful.
The positive feeling (especially for 498a IPC husbands and his side of family) is that - Arbitrary arrests are curtailed and the accused given ample time for legal remedies. I don't care of few feminists here crocodile tears.
In a nut-shell - The "due-process" parameters has now come in a Statutory form for the first time in Independent India for certain offenses - even though the due-process has existed for years by case-law that was misused by the State. Remember Bhajan Lal / Pushkar Singh / Joginder Singh case laws ??????????????/
Now coming to your main que.
A person cannot apply AB (S. 438 CrPC) - if he/she is already arrested. The only option left is to file for bail under S. 439 CrPC while staying in prison. Now since the police were found to be misusing their power under S. 41 CrPC, the Amendments curtail such power - by asking the police to give the accused a notice with 4 days time, which is what I wrote in previous reply. This concept is known as "due process" in law. During this stage - the accused has two options.
Option - 1:
a. Accused moves Sessions or HC for AB (U/s 438 CrPC) and can get a bail. Accused need not be in Court for AB.
Option - 2:
a. After 4 days - accused can visit the PS in response to the 4 day notice from police. If he/she gets arrested or not arrested during this visit, then the police officer will record his reasons in writing for the - cause of arrest or no arrest.
b. One reason for no-arrest could be that the - police may say they are still investigating.
Two reasons here are of interest here based on our experience I say so.
(i) Either the officer is honest
(ii) the officer weighs - on who gave him the largest bribe - the complainant or the accused.
Hope this clarifies. Do not be blinded from incorrect media reports. Read the amendments (if you donot have the detailed copy of the same ask me also if you have not paid attention to my earlier RTI on Amendments sent to MHA and Legislatures read them once again it will clarify all your doubts) - else you may be disappointed later. There is more to the Amendments.
a. All statements of the complainant and accused to be recorded via Audio and video as well – reasoning is such that people do not go to court and say - they were misquoted and turn themselves as a hostile witness later.
Hope you are clarified !
All the best.
Roshni B.. (For justice and dignity) 24 April 2011
gaana kaha hai???
lagta hai unhe fone karke hee suna diya