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NRI Success story - AB + Rg. BAIL + TRAVEL PERMISSION ABROAD 
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Joined: Tue Dec 07, 2010 12:35 pm
Posts: 172
Hello Members,

Finally travelled back abroad after getting permission to leave the country from the trail court. It took 2 months for all procedure.

Oct 2010 - False FIR was filed in Oct 2010,
Nov 2010 - Got bail for all my family members except me
2012 - Chargesheet filed with A1 (me) as absconding.
Feb 2011 - DV filed claiming maintenance, repsenting the DV case thro Power of Attorney.
June 2011 - Family Court awarded interim maintenance to her.
July 2011 - Appealed in Sessions Court for Interim Order.
Feb 2012 - Got Stay on Interim Maintenance from Sessions Court.

June 2013 - Decided to fight back, filed bail application in Session Court thro my lawyer and Got AB while in Saudi Arabia with the condition "Not to leave the jurisdiction without prior permission of the court and other general conditions" (luckily no passport surrender condition).

July 2013 - Travelled to India with AB in hand, appeared in trail court for regular bail. court imposed similar conditions as in AB with surety of Rs 25,000. Court sent intimation on same day to Police to recall NBW.

July 2013 - Opposition filed application in trail court to modify the bail conditions asking court to take my passport. My lawyer filed objections and argued with Karnataka high court judgement (release of passport in 498a case) and the report from law commission recomending not to seize passports in 498a cases. Finally their application rejected and orders in my favour.

Meanwhile opposition sent letters to SP/DIG informing that i will leave the country with pending cases. IO called me and took statement that i will not voilate bail conditions and will not leave the country without court permission.

Aug 2013 - I filed application in Sessions court seeking permission to leave the country citing my employment abroad, Produced letter from my employer to join back to work on specified date, attached Exit Re-entry visa copy with validity of 3 months, Air ticket etc.

My lawyer argued with following citations :
--------------------------------------------------------
1) Karnataka high court judgement (release of passport in 498a case)

http://judgmenthck.kar.nic.in/judgments/bitstream/123456789/637511/1/CRLP482-12-25-01-2012.pdf


2) The report from law commission recomending not to seize passports in 498a. (Page # 34 & 35)

http://lawcommissionofindia.nic.in/reports/report243.pdf

"(Page # 34 & 35) In the case of Non-Resident Indians, it is reported that the passports are seized when they come to India at the stage of investigation or they are sent to the Passport Officer for passing an order of impounding. During the pendency of the case in the Court, the prosecutor often requests the Court to direct depositing of the passport as a condition for granting bail. This should not be done in all cases mechanically as it will cause irreversible damage to the husband/accused and he will be exposed to the risk of losing the job and the visa being terminated. Ultimately, there may be amicable settlement and/ or quashing of proceedings or acquittal/discharge but the damage has already been done. The prospect of the accused remaining unemployed would not be in the interests of both as the loss of earnings will have a bearing on the maintenance claims of the wife, apart from depriving him of the means of livelihood. The proper course would be to take bonds and sureties for heavy amounts and the prosecution taking necessary steps to expeditiously complete the trial. This aspect should also be brought to the notice of concerned police officers by means of circulars issued by the DGPs".

3) Kerala high court judgement - NRI Husband working abroad with bail. ritualistic insistence on personal appearance of the petitioner is not necessary in the facts and circumstances of the case.

http://www.498a.org/forum/viewtopic.php?f=16&t=11675



Sep 2013 - Session court after going thro my application modified my bail conditions relaxing "not to leave the jurisdiction without court permission and directed me to file an application in trail court for seeking permission to travel abroad.

Filed application with above order in trail court seeking permission to leave the country for limited period and assuring to attend next date of hearing (28/11/2013).

After 2 days got finally orders in my favour to leave the country.

On Sept 10, 2013 travelled safely back to work abroad against all odds, Thanks to this life saving forum and senior members for the courage and confidence instilled in me to fight it out. All the related judgements which i produced to my lawyer collected from this great forum.

for more details of my case history : http://www.498a.org/forum/viewtopic.php?f=46&t=9317


Last edited by altaf3436 on Wed Apr 27, 2016 11:10 am, edited 19 times in total.



Thu Sep 12, 2013 6:42 am
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Joined: Fri Jul 08, 2011 6:49 am
Posts: 165
Great achievement and thanks for the detailed post.

Happy for you brother.

Good going , keep it up . keep posting the victories .

It will be a morale booster for all fighters.


Thu Sep 12, 2013 6:56 am
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Joined: Thu Jun 17, 2010 3:49 pm
Posts: 417
Thats the spirit of a real fighter (498a fighter)

permission to leave the country for limited period and assuring to attend next date of hearing (28/11/2013)---- how are you going manage this part?

498a_fighter


Thu Sep 12, 2013 2:10 pm
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Joined: Tue Dec 07, 2010 12:35 pm
Posts: 172
I'll attend the next date and file for exemptions (appearance on important dates). So far i have been getting reliefs, hoping for the best.


Thu Sep 12, 2013 6:31 pm
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Joined: Fri Apr 13, 2012 11:51 am
Posts: 208
Awesome man...
Not everyone have the tenacity and grit to fight against all odds.
Keep fighting.


Fri Sep 13, 2013 12:43 am
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Joined: Sun Apr 07, 2013 6:48 am
Posts: 59
gr8 going Altaf


Fri Sep 13, 2013 6:05 am
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Joined: Sun Apr 29, 2012 6:13 am
Posts: 91
Well done Altaf.
AAO, almost everyone on this forum is fighting against all odds, dont you think so?


Fri Sep 13, 2013 6:34 am
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Joined: Tue Dec 07, 2010 12:35 pm
Posts: 172
"Difficulties in your life do not come to destroy you, but to help you realise your hidden potential and power.

Let difficulties know that you too are difficult"


Wed Sep 18, 2013 4:48 am
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Joined: Sun Aug 26, 2012 2:05 pm
Posts: 796
How much you spend security deposit to leave the country.?


Wed Sep 18, 2013 6:04 pm
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Joined: Tue Dec 07, 2010 12:35 pm
Posts: 172
Nothing, though i had mentioned in my application that im ready to furnish surety in additon to the surety given during regular bail.


Last edited by altaf3436 on Fri Sep 20, 2013 7:40 pm, edited 2 times in total.



Wed Sep 18, 2013 6:16 pm
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Joined: Sat Jan 19, 2013 6:07 pm
Posts: 115
good going altaf


Wed Sep 18, 2013 8:10 pm
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Joined: Fri May 30, 2014 12:23 pm
Posts: 5
Dear Altaf,

I also want to move back to Middle East, I was working is Saudi Arabia prior to my cases.
I have been undergoing telephonic interviews and through skype . .etc.
Till now, I haven't got the joining letter n visa etc. Although I had come here on a Re-Entry visa which already expired.
My case is pending in SDJM.
Which court I should apply asking permission for leaving India to join a job back in middle east?
How many dates would be required to get the order in hand to leave?


Tue Dec 08, 2015 3:18 pm
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Joined: Sat Nov 28, 2015 6:22 pm
Posts: 10
Hi altaf,
Iam also in the same situation. My passport also taken by lower court for granting bail.

M also frm bangalore karnataka. Plz help me out on this.

Rgds
Krishna


Fri Dec 11, 2015 10:17 am
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Joined: Tue Sep 06, 2011 11:17 am
Posts: 597
Move petition in trial court for release of ppt, to go abroad for employment and livelihood. Use Article 21. Right to life, employment cannot be unnecessarily restricted. Court will put condition to deposit some amount. PP would as usual object, magistrate would normally grant release of ppt, on condition that u must appear for the case. If refused in trial court, approach district court.
U may come on one occasion, on next occasion ensure lawyer files leave petition under SEC. 317 crpc. Some one from ur family must attend the court, ensure the leave petition is filed and lawyer attends.

After some time u may get an application filed under SEC. 205 crpc seeking exemption from personal appearance. There are many citations. Courts have to consider the difficulties involved in travel, the distance and cost etc. appearance should not be just for name sake. Here again some one from ur family must attend on every date and watch the proceedings. Maintain rapport with bench clerk over phone. A Rs. 50 to 100 would do the job of getting information on what is happening.


Sat Dec 12, 2015 12:39 am
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Joined: Sat Nov 28, 2015 6:22 pm
Posts: 10
Thank u very much ur valuable information Mr ganesh
My petition got rejected in lower court. The reason judge gave is like this chargecheet not yet filed and also investigation is under process.
Shall i have to wait for 3 months to complete frm FIR lodged date or else shall move to sessions court or highcourt.

Rgds
Krishna


Sat Dec 12, 2015 6:39 am
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Joined: Tue Sep 06, 2011 11:17 am
Posts: 597
Meet the IO and request to file Charge sheet. Even if u go for appeal, it would be said that u would be required for completing the investigation. Use Vitamin 'M' and IO would file the CS. And get it numbered in the trial court. Here also 'M' plays the role (for numbering quickly). Then u can file again in the trial court itself. It would mostly be granted. U can also meet the PP of the court and request not to oppose the petition for release of ppt.


Sat Dec 12, 2015 11:39 am
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Joined: Tue Sep 06, 2011 11:17 am
Posts: 597
If the magistrate is a reasonable person, meeting the PP may not be required. Act as per the situation/conditions there. Getting ppt is important. Don't bother for a few thousands. IO. Rs. 10K. PP 5 to 10k.


Sat Dec 12, 2015 11:42 am
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Joined: Sat Nov 28, 2015 6:22 pm
Posts: 10
My FIL is corrupted govt employee. he's having very gud influence and also money. So already he did all. He booked PP and IO.. i met IO last week he said it ll another few monts and there s no specific time line for filing chargesheet.
If m not going very soon i ll be fired. And also in future i ll be losing my PR visa.
Without filing chargesheet i cont take my passport bak...?
Plz help me out in altaf case he got the passport bak without filing chargecheet and also in some cases(i searched in google)


Sun Dec 13, 2015 9:03 am
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Joined: Sun Apr 13, 2014 6:30 am
Posts: 139
Brother Krishy.

You have got conditioned bail and to fulfill the condition you have deposited your passport. Why don't you try to lift the bail condition( Please check with high court advocates about the possibility to lift the condition).Don't ask for travel permission


Mon Dec 14, 2015 5:17 pm
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Joined: Sat Nov 28, 2015 6:22 pm
Posts: 10
M fed up with these lawyers. Thats wat i want to know which lawyer fight the altaf case. Mine also similar to him.


Wed Dec 16, 2015 8:57 am
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Joined: Thu May 07, 2015 5:08 pm
Posts: 7
good post sir.
could you please suggest your lawyer reference ?
I'm in need of lawyer in hyderabad. urgent .
Please. Any references would be great help sir.
thank you


Mon May 30, 2016 9:08 am
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Joined: Wed Dec 23, 2015 9:21 pm
Posts: 4
Hello All,

I'm in the similar situation, need your help!!!

498A, 406 & 506 filed on me and my parents. My parents got bail immediately in India. They attended two court sessions so far, it's been 8 months no progress.

I didn't travel out of US since then. I would like to go to India and request for bail and fight my Divorce & Maintenance Case as well.

How did you get AB? Can i get it without my presence in India? My Lawyer is confusing me and says AB is not possible.

How to find out whether there is LOC and will I have to go to custody from Airport until i get regular bail?

I would really appreciate your help guys, i'm emotionally completely down.


Thu Jun 23, 2016 2:18 am
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Joined: Wed Jul 01, 2015 8:47 am
Posts: 4
Your lawyer need to apply for AB in session court mentioning that you want to come to India and attend court. Let me warn you court procedure in India is very slow. Getting AB won't be an issue but getting permission to travel abroad can be a longer process. For me it took 4 months to get permission. Session court refused to give me permission stating I might not come back for court hearing. Luckily high court understood my plight and permitted me to travel for employment after depositing a sum as security in court. The good thing is that I don't have to attend any court dates until 2 final dates of the case, I guess that is years in future.


Mon Aug 29, 2016 2:22 pm
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Joined: Wed Dec 23, 2015 9:21 pm
Posts: 4
Good news!! sessions court granted me AB and did not put any conditions of PP impound. Only condition is to seek travel permission from court before leaving India.

Thanks a lot for all in this forum for your guidance.

Now, once i go to India how to cancel the NBW & LOC?
In Hyderabad how long it will take to get travel permission?, My lawyer says 2 weeks which sounds unbelievable. I need to come back in less than 2 months otherwise i will be loosing my job.

Please help me!!

Thanks.


Sun Jan 15, 2017 12:23 am
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Joined: Mon Jan 09, 2017 5:16 pm
Posts: 109
Hi Pondz,
Congrats... however I do not have much knowledge of NRI issues.
-Anand


Sun Jan 15, 2017 5:38 am
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Joined: Tue Sep 06, 2011 11:17 am
Posts: 597
Appears u did not appear for the case for past 3+ years as seen from ur posts which started in 2013 and u got AB now. If there is LOC, ur ppt would be taken at airport and sent to the ppt office which issued it.

If there is NBW, keep a copy of the AB order, scanned copy, so that u Wld not be arrested when u come to india. Still u may be detained and the police of the station in which the FIR was filed Wld be called who would come and take u to the court. In court u have to keep the sureties and related papers ready to present to the magistrate and u Wld be let off.

On the same day advocate to file for recall of the NBW which Wld be allowed as u have appeared and taken bail.

Next u have to apply to trial court seeking permission to travel abroad and for release of the ppt that was taken at airport. Also ask for direction to police to remove the LOC. The PP has to file counter, arguments and then decision of magistrate. Before this see what is stated in AB order about from whom permission to be obtained to travel abroad. Mostly it Wld be from trial court only.

If denied in trial court, to approach district court and then HC. This is a long process and two weeks time may not be sufficient. It depends on many aspects. More so when u have come after 3+ years. Better to avail work from home option and may have to stay here for 3 to 6 months.

There need not be any order in AB to impound ppt. If LOC exists, it Wld be taken at airport.


Mon Jan 16, 2017 1:58 am
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Joined: Thu Dec 29, 2016 8:02 pm
Posts: 1
@pondezzz I am in a similar situation, its been 3 years that I am abroad, parents were granted bail in 2013.
How did you get AB in sessions court without being present?, what arguments being used? any help would be appreciated.

I want to travel back to india but would want to get AB before. My Lawyer is just fooling around and not giving
me right answer.

Friends please help he in this regard, my case is in Mumbai.


Thu Jan 19, 2017 10:17 pm
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Joined: Wed Dec 23, 2015 9:21 pm
Posts: 4
@bandemataram

My lawyer filed AB petition in the sessions court when i was abroad, this is different from the trail court. Then couple of arguments from the PP there, but with small Vitamin M he was able to get the AB with no conditions except for travel permission (when i travel out of country).

At Airport, they stopped me since there was LOC. But was well treated by Airport staff, they were good. They informed PS, went there and submitted sureties and finished other formalities, with in couple of hours i was home. Big relief!!

Now proceedinsg are too slow here, trying for travel permission.

Good Luck!!


Wed May 10, 2017 12:16 pm
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