Legal Question in Criminal Law in India

Please help

Hello Sir

If a Persons case(498A) running in the court in India, can that person work outside india in US and go regularly for hearings in India.

My friend is currently staying in US. His parents stay in India. My friend's wife filed a wrong 498A case against him and his parents.

Now is there any possibility that he can can take an Anticipitary Bail before going to India, if he goes to india and gets arrested can he come back and work in US again ? Or they will even stop that.


Asked on 10/22/08, 10:01 am

5 Answers from Attorneys
Sudershan Goel India Law Offices of Sudershan Goel - Advocate

Re: Please help

He should go appear before the authorities / courts in India. It will be better for him to settle the matter once for all; this litigation may be tiring and expensive and may be recoil on him even in USA. If he does not appear, the authorities in India may issue a "Look Out NOTICE" against him and send the same to INTERPOL which may result into his arrest.

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Answered on 10/22/08, 4:35 pm
Aniruddha Pawse Aniruddha.P.Pawse Advocates

Re: Please help

His Lawyer can apply for exemption and only where needed he will be required to attend the court.He can go out to US only with Court's permision. As your Friend is already in US he has to take anticipatory Bail before coming to India to avoid arrest

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Answered on 10/26/08, 9:20 am
Shrichand Nahar S.V.Nahar, Advocate

Re: Please help

Anticipatory bail can be applied.

Going back to US would depend on the terms and conditions of bail.

In case of imposition of restriction on returning to US, superior court can be approached for necessary orders.

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Answered on 10/24/08, 1:53 am
RAJIV GUPTA (Cell: +91 9811284735) [email protected]

Re: Please help

despite the fact that he is in u .s., still he can seek anticipatory bail in the present case. he may keep working in u.s. and appoint his lawful attorney to attend the court hearings. he would be required to attend the court only when his statement u/s 313 of crpc needs to be recorded. he may file an application for permanent expending during trial.

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Answered on 10/23/08, 12:24 am
Sonam Mehta Adv. Sonam Mehta

Re: Please help

No. He cannot return to US and work again. This offence is Non-Bailable.

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Answered on 10/22/08, 12:26 pm


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