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Zeeshan (Hidden)     14 May 2011

Wife applying again and again for bail cancilation

After bail in 498a wife applied for cancelation of bail on basis of not giving jewellery which got rejected.   Now again she applied for rejection as my sign on papers of car transfer didn't match.

What is this ? Does she goes for rejection on every little thing ? What I do next ? 

Here are some a point -

1)Car is not stridhan as it is given to me at the time of salaami. Photo is there.

2) BIL takes 1 lakh & transfer car in my name as security after three months of marriage. 

I want to give some tension to them. Did I sign quietly or file objection to return the car to me so that they spend some time & money also which lead to weaken them.



Learning

 6 Replies

Sarvesh Kumar Sharma Advocate (Advocacy)     14 May 2011

498a is non-bailable case ,and the magistrate allow bail after hearing merit !not giving jewellery is not a sufficient  ground for cancelation of bail !

&

 your signd on papers of car transfer didn't match is also not any ground for cancelation of bail !

don't worry!

 

Tajobsindia (Senior Partner )     14 May 2011

@ Author 

1. Alternatively take THE CAR for a good ride :-) 
2. They cannot get bail canceled. Relax.

Devajyoti Barman (Advocate)     14 May 2011

Bail  cancellation is not so easy or available on those trick grounds.

The supreme court has clearly laid down the difference between rejection of bail and cancellation of bail after the same is validly granted.

The apex court has made it quite clear that only on proof of grave misuse of power or money to wean away or terrorise the witnesses the court can canclel the bail.

So do not worry.

Arup (UNEMPLOYED)     15 May 2011

Now again she applied for rejection as my sign on papers of car transfer didn't match. What is this ?

 

---   most probably it is her high paid advocate's brain.

in one place i read that she not accepting hc summons for quash? if so serve notice through the thana where she appears or through the advocate of her.

you tell the court they will serve through all means where she appears.

Arup (UNEMPLOYED)     15 May 2011

bail cancelation and accusing on new plea are diffrent.

new complain can not cancel the old bail of the old case.

there is a few grounds when a bail may cancell.

one of this, - if the accused threat the witnesses of other party.

perhaps her cleaver advocate making her fool, by this way. but soon the advocate will caught when she found your bell not cancelled.

Jatin Sapra 9312223345,Delhi (Advocate)     15 May 2011

Hi,

I think u have been provided enough information on the aspect of cancelation of bail.

You have a very good case in hand so need not to worry.


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