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 v/s Amrawati" and "State v/s Lal kamlendra pratap singh". By the way,the harashment of the police as well as the wife side can be minimised.
bail not required for 498a case, dont go for bail in 498a cases, do not go for bail in matrimonial laws,
What if i have threat of filing false case of 498a on me and my family ?
ReplyDeleteIt is well known that Police will land on early Saturday morning.
I think this notion is totally wrong it will make the situation even worse. Because u cannot stay at your home if a non bailable warrants have been issued against you. So u hv to keep running unless u surrender before court.
ReplyDeleteAlso, if a husband is suspecting domestic violence case against him\family then does above act hold good?
ReplyDeleteIn 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".
anticipatory bail is not u/s 436 crpc, it is u/s 438 crpc
ReplyDeleteAnticipatory bail is u/s 438 not u/s 436 Crpc.
ReplyDeleteanticipatory bail is not u/s 436, it is u/s 438 CrPc
ReplyDeleteI would like to inform you that this particular case is specifically for UP courts as UP is one state where there is no provision for anticipatory bail. The SC judgement that you have mentioned states that all UP courts should grant interim bail while they are considering the bail application on merit. There is no such case law that they have to grant bail in 498a. The applications are always considered on merit. And I don't believe the case law here even applies to Courts other than UP.
ReplyDelete