Legal Question in Criminal Law in India

sir pls guide me its irue whatever is written below

bail not required for 498a case, dont go for bail in 498a cases, do not go for bail in matrimonial laws,

Do not go for Anticipatory Bail -you can surrender in front of any Magistrate

In the cases of 498a with D.P.act, it is very much surprising that the accused persons immediately runs for the anticipatory bail from the high court and session court U/s 436cr.p.c. and most of the lawyers also advise them to do so knowingly that to get the anticipatory bail is a difficult task and specially for the husband. Also mean while the accused persons and their family suffers from the pressure of the police.

Todays even the the courts also know that most of the 498A cases alongwith DP act are false and they remains eager to allow the bail of the accused but as the section is non-bailable, they hesisitates to do so on the same day and send the accused to the jail for few days. But in very few cases the bail get reject from the court and even from the lower courts too.

Now the question arises that is there any way for the accused persons which protect them from the jail and from the harashment of the police too? The answer is yes.

In the very important judgements by Hon.supreme court in "Amrawati v/s State" and "Lal kamlendra pratap singh v/s State" lots of important decisions taken and one of them is that "If the accused person surrender himsellf before the court alongwith his bail application,either his bail application disposed of same day and if not possible to the same day,he must not be sent to the jail unnecessory and released on the personal bond till the disposal of the bail application".

So inspite of praying for the anticipatory bail u/s436 cr.p.c., it will be more better, easy and time saving that pray before the high court of any state to pass the direction to the court concern to disposed of the bail application expidiously and in the light of the findings of "state

sir pls tell

me its true

i am charged with 498a


Asked on 12/23/12, 10:42 pm

4 Answers from Attorneys
Sanjay Kalra Sanjay Kalra & Associates

You are in a thick soup ,i would suggest you to engage a good lawyer as he would have many question(s) to ask you before he advices . Dont take this advice lightly....Please check Sanjay Kalra and Associates on the internet to know more about our law firm and the legal services we are rendering for our clients from all over the World.

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Answered on 12/24/12, 1:56 am
Shrichand Nahar S.V.Nahar, Advocate

May be. Consult your lawyer with all the details for proper advice.

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Answered on 1/03/13, 3:12 am
Aniruddha Pawse Aniruddha.P.Pawse Advocates

Remember " Every word of Supreme Court is not law ". In one or some cases the SC may dispose of the case depending on facts and circumstances of that case. Engage a good advocate and proceed as per his advice.

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Answered on 1/08/13, 5:23 am


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