Legal Question in Criminal Law in India

This with regards to the charges of 323, 355, 499, 504, 506(2)

This with regards to the charges of 323, 355, 499, 504, 506(2)that my husband has put against me , my father and my sister,

We had applied for the anticipatory bail and accordingly , we had received the bail on 22nd january.

We need to go to police stn. know to give the assurity for he same.

Would like to clear 2 doubts here

1) Is it important to go for the assurity immediately. What if we delay for a weeks time ?( persoanl problems)

2) We would like to like to file revision against my husband for putting wrong allegations on us. If we go for assurity does it mean that we are accepting the crime and caould not file the assurity?

Kindly help me with my Queries asap as this is a bit very urgent.


Asked on 1/23/08, 3:16 am

6 Answers from Attorneys

Re: This with regards to the charges of 323, 355, 499, 504, 506(2)

1.While granting the bail if the court has given any such direction then you have to comply with the order.

2.Revision at this stage is not maintainable.You maygo for quashing of FIR u/s.482 cr.p.c.

Contact with details,professional charges are applicable.

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Answered on 1/23/08, 9:52 pm
RAJENDRAN PARAMESWARAN RAJENDRAN ASSOCIATES

Re: This with regards to the charges of 323, 355, 499, 504, 506(2)

Surety has to be furnished as early as possible. One week is ok. Obtaining anticipatory bail and furnishing surety will not amount to admitting the guilt. For further details visit http://rajmuppathadom.googlepages.com

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Answered on 1/23/08, 11:09 pm
Homi Maratha N.N. Maratha & Co.-Advocates

Re: This with regards to the charges of 323, 355, 499, 504, 506(2)

Your answers to the query :-

(1) Yes it is important to go for the assurity as per the sections you have mentioned above.

(2) Yes you can file a revision but in this case your case papers needs to be examined.

(3) No it does not mean that you are accepting the crime.

Please contact on the phone or mail me the case papers in order to formulate a pieceful advice for you.

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Answered on 1/23/08, 3:22 am
Sachin Sangare Private Practise

Re: This with regards to the charges of 323, 355, 499, 504, 506(2)

1] It depends on the condition of bail, if the bail is granted on condition of cash bail or surety than you can opt for either. But if the bail condition is specific for Surety than you have no option but for surety. The order of bail will specifies the time before which you have to produce a surety in the Police Station.

2] You going ahead with sureties does not mean anything. You are just complying the orders of the court and it cannot amount to any acceptance of charge. Filing a Revision or Quashing of Complaint or FIR will not be effected by filing surety for bail.

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Answered on 1/23/08, 3:41 am
Shrichand Nahar S.V.Nahar, Advocate

Re: This with regards to the charges of 323, 355, 499, 504, 506(2)

You need to abide by conditions imposed while granting anticipatory bail. Non compliance may lead to cancellation.

You can approach high court u/s.482 Cr.P.C. with Article 226/227 for quashing of case. However, pending investigation, courts are most reluctant to quash, unless you are able to establish that same is gross abuse of process of law.

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Answered on 1/23/08, 5:38 am
Aniruddha Pawse Aniruddha.P.Pawse Advocates

Re: This with regards to the charges of 323, 355, 499, 504, 506(2)

it is better to give assurity for giving assurity doesnot amount to accepting crime. if possible contact personally.

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Answered on 1/23/08, 7:41 am


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