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veera   25 July 2015

Will it be a problem for the person that provided surety?

Hello Sir/Madam,

I need your advice for a problem that my wife is facing currently.  Kindly provide your sugegstions.

6yrs ago, my wfie's family and another family fought each other and files cases against each other.  No one was killed and no one was majorly injured in this fight.  This case is still open and her family members were attending the hearings.  Since my wife has been living with me in USA for the last 4 years. she could not attending any hearing.  When she visited her home town last month, she was arrested and kept in a jail for one day.  She was released from jail after my uncle gave surety on bail papers.  Her flight ticket to USA is in coming 2 weeks and we are very confused about whether she can travel to USA or not.  We have 2kids, one is siz year and other one is 11months old.  Hearings are now happening at approximately every 20days.  I have the following questions.

1. Is it possible to get permission from the court to stay in USA?

2. If she can not attend the furture hearings, will my uncle be arrested?

3.  Are there any other solutions?

Thanks

Veera



Learning

 17 Replies

Kappil Cchandna (Expert Bail & Criminal Defence Lawyer at Delhi Supreme Court of India)     25 July 2015

Sir,

 

I mean does the bail order say that she cannot travel outside India or her passport has been deposited in the court or something?

What all sections she has been charged with and at what stage the trail is ?

Its very much possible to take the permission from the court and she can travel, but the court needs to be satisfied about her genuine grounds of travelling.

 

Warm Regards

Kapil Chandna Advocate

9899011450

 

veera   25 July 2015

Thanks Mr.Kapil for quick reply.

1. We do not know what was inside bail order.  It was given to my uncle in a sealed cover and then was later submitted at the jail.  My wifes passport was not deposited in the court.

2. Unfortulately I do not have the scetion#s with me at present.  I am still waiting for case documents.

What is the process to be followed to get permission from the court?  And please suggest how can we satify the judge with genuine request in this case.

 

Kappil Cchandna (Expert Bail & Criminal Defence Lawyer at Delhi Supreme Court of India)     25 July 2015

Sir,

 

Please let me know the bail directions, because that matters the most.

Sections I need to know, because I want to see the offence under which she has been charged and her role being alleged.

Genuine and other things would be since the trail is going on and there are not much evidences against her and in any case she is not required before the court to serve anypurpose whatsoever haan and is she will not go to US, then her children would suffer in her absence and anyways she is not going in order to get rid of the law or something, but she has genuine purpose to go there .

 

Warm Regards

Kapil Chandna Advocate

9899011450

 

veera   25 July 2015

Thanks.  since bail order from the court was already submitted at the jail at the time of her release, is it possible to know the bail directions now?  if yes, to whom we need to contact to get the informaiton?

SAINATH DEVALLA (LEGAL CONSULTANT)     25 July 2015

U have not mentioned the sections under crpc that were framed against both the parties.If the sections are not compoundable she can file a petition in the court for exemption from attendence stating valid reasons.

SAINATH DEVALLA (LEGAL CONSULTANT)     25 July 2015

Yes,if she leaves the country without informing the court certainly the person who had given bail suriety will be taken to task.Moreover she has to mention the criminal case in her VISA application too.

veera   25 July 2015

Charge sheet was filed U/S 448, 506, 509 R/W 34. She was the 7th in the list of 9 accused people list. Please suggest.

SAINATH DEVALLA (LEGAL CONSULTANT)     25 July 2015

She can certainly pray for exemption from attendence.

veera   25 July 2015

Thanks for the information. Is there any specific name for the type of request letter she need to submit to the judge for the exemption from attendance?

Sudhir Kumar, Advocate (Advocate)     26 July 2015

Originally posted by : veera
Thanks Mr.Kapil for quick reply.

1. We do not know what was inside bail order.  It was given to my uncle in a sealed cover and then was later submitted at the jail.  My wifes passport was not deposited in the court.

2. Unfortulately I do not have the scetion#s with me at present.  I am still waiting for case documents.

What is the process to be followed to get permission from the court?  And please suggest how can we satify the judge with genuine request in this case.

 

There cannot be a more rediculous reply. 

Bail order has been issued and it is part of court file and anyone can apply for copy of the same.  FIR anc chargesheet is also a part of court file.

You have something seriou to hide..

 

Anyway if she leaves India without court permission then take it that bail will be cancellled on hext hearing.  Your uncle will deposit bail amount.

 

If you want sound advise (free) from this forum then show the facts.

 

Sudhir Kumar, Advocate (Advocate)     26 July 2015

Originally posted by : veera
Charge sheet was filed U/S 448, 506, 509 R/W 34. She was the 7th in the list of 9 accused people list. Please suggest.

SO you know the facts.

SAINATH DEVALLA (LEGAL CONSULTANT)     26 July 2015

The querist is hiding the real facts and wants to find an easy passage from the forum.That's my opinion.

veera   27 July 2015

You guys are misunderstanding me. Why do I hide things when I request for help. I can understand that I can not get appropriate information from this forum if the facts are hidden. It means it is not useful to me itself at all and it's all waste of my time also if I lie or hide facts. So, kindly believe me. When i posted my query in this forum, I had mentioned all the information that i knew. I am in USA now and this is the first time in my life I discuss about any law case with some one. Honestly I did not know any details about the case till three days ago as my wife's father was taking care of the case since it was opened in 2008. I mentioned the section numbers in this forum immediately after I got that information. I and my wife went to vacation to India in May-2015 and I returned to USA in jun-2015. Since she gave birth in USA in sept-2014, she wanted to take some rest at their home and hence she stayed in India and she planned to return in 04-August. After I came to USA, unfortunately an arrest warrant was issued against my wife. My wife's father did not tell us anything about it till police came to take my wife to court. I hope you can understand.

SIVARAMAPRASAD KAPPAGANTU (Retired Manager)     31 July 2015

Dear Sir,

 

Please take the matter seriously and engage a Lawyer in the place where the Case is filed. Your Wife's family must have engaged a Lawyer. By discussing the matter like this in a open forum, you are losing your time. 

 

Approach the Court and not the Forums for relief.


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