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498a Discussion Forum - View topic - Bail for NRIs easier than Resident Indians
It is currently Tue Jun 15, 2021 1:44 pm



Reply to topic  [ 22 posts ] 
Bail for NRIs easier than Resident Indians 
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Joined: Sun Dec 07, 2008 8:26 pm
Posts: 409
Location: OH
Resident Indians have to take the pain of hiding until the bail is granted. But NRIs can go to work at ease while applying AB.

You can apply for anticipatory bail in the court of your friend/relative's convenience. (District or Sessions court. Don't go directly to High Court first; they will send you to lower court or otherwise if the conditions are not good you will end up with only one option of going Supreme Court.) There will be only three possibilities..

a) Bail granted without any serious conditions.
b) Bail granted with messy conditions like surrender of passport, mark attendance at local police station every day/week etc
c) Bail rejected


case (a) - You can simply pay a visit to India and get it executed to regular bail. Its just a matter of meeting the Magistrate in his chamber along with your lawyer and get the bail memo within no time. Then it is wise to hand over the memo to the IO in person and say hello to him. Trust me he will not utter anything at you. (This can be done through your lawyer if you are not confident enough)

case (b) & (c) - You can go to High Court to relax the terms. If still you are not happy with the terms you may either go to Supreme Court or let the AB expire. Then continue your life abroad for few months and iterate the process again. Next time you can say because of official commitments you couldn't get vacation bla bla bla ...


Tue Jun 29, 2010 10:47 pm
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Joined: Mon Mar 29, 2010 3:32 pm
Posts: 128
I agree with Prasson..

this is what happened in my case.

1 . Initially I have applied for bail ( ofcourse my father has applied as PA) in the lower court as i do not want to go HC directly.

2. The lower court granted 2 weeks AB with lot of condition ( as I expected ) like surrendering passport , do not leave country etc.

3. We immedialtly moved to HC and filed a petition and submitted a letter from employer that they can not grant leave until 6 weeks .

4. My father went to HC for hearing and when my bail petition came for argument ,my lawyer convinced the judge that i shall co-operate with all the legal procedures and trial also will be attend the court as summoned by trial court.

5. Then PP objected for removing the passport condition but JUDGE was reluctant to listen to him and granted bail and has given extra 2 weeks of time than what we have asked.

When i spoke to my lawer he said if you can convince that we co-operate with law HC will definitly consider to grant bail without messy conditions.

But i have a strong case to get a bail bcz the 498A is filed after 100 days of my divorce petition .

But i think for all the guys in A.P it is worth trying for AB .

_________________
-----498A Girl is either a sign of an ultimately clueless person with enormous psychological issues or a very rational person who wants to harm you real bad----------------

**********SatyaMev Jayate - Let the truth Prevail***************


Wed Jun 30, 2010 12:28 am
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Joined: Sat Jul 11, 2009 2:28 am
Posts: 136
Hi Guys,

Three questions

1) If NBW issued, then does that mean we can go only to High Court or higher for AB?
2) Can we apply AB in our state High Court and execute it in to regular bail in the court where the 498a case is going on (this court is in another state)?
3) In above situation can the lower court impose extra conditions as the bail is from other state's high court?


Wed Jun 30, 2010 2:38 am
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Joined: Tue Mar 18, 2008 1:44 pm
Posts: 5419
Location: Delhi (India)
1) If NBW issued, then does that mean we can go only to High Court or higher for AB?
NO.
2) Can we apply AB in our state High Court and execute it in to regular bail in the court where the 498a case is going on (this court is in another state)?
NO, Your High Court can grant you only transit bail, to go and apply bail in regular court.
3) In above situation can the lower court impose extra conditions as the bail is from other state's high court?
No answer need, such situation does not arise.


Wed Jun 30, 2010 5:16 am
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Joined: Tue Feb 02, 2010 8:05 pm
Posts: 67
498-A legal Terroism wrote 'But i have a strong case to get a bail bcz the 498A is filed after 100 days of my divorce petition'.

In my case we file the divorce petition by mutual consent in Sep 2005 In Nov 2005 I came to UK and In January 2006 she filed 498A. I was overconfident that we will win the case but result is that my parents and sister are covicted and now case is going on in sessions court. so please dont make the mistake i made and take the case very seriously regardless when 498A is filed.


Wed Jun 30, 2010 4:40 pm
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Joined: Sun Mar 28, 2010 7:19 am
Posts: 568

_________________
Regards,
Tiwana
Skype: aftermarriage


Thu Jul 01, 2010 2:16 am
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Joined: Sun Dec 07, 2008 8:26 pm
Posts: 409
Location: OH
very true... First, you have to equip your lawyer with your counter arguments and enough judgments/citations. Search the judgment section to find those matching your scenario. Don't leave everything to lawyer thinking that he is gonna save you. They have learned only to compromise and get a cut from that. No one has learned to fight and win. More over the social sentiments is dead against you. Which is what we have to change and by far we have succeed in that to a lot greater extend. If more people come forward and join the fight you can accelerate the pace of change.


Thu Jul 01, 2010 2:22 am
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Joined: Mon Mar 29, 2010 3:32 pm
Posts: 128
i'm not going to take anything easily ...i work with lawyers very closely ..spend enough time..gather enough evidence..
counter attack when situation favors me..filing O.P in advance is just helped me to get bail without many conditions but i still have to face the trial carefully .

Please send your case details so that we will sharpen our tools and learn lessons.

_________________
-----498A Girl is either a sign of an ultimately clueless person with enormous psychological issues or a very rational person who wants to harm you real bad----------------

**********SatyaMev Jayate - Let the truth Prevail***************


Thu Jul 01, 2010 3:22 am
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Joined: Thu Mar 12, 2009 5:19 pm
Posts: 631
Always remember the law is seldom black & white. It is ambiguous. There is always an exception to the rule of law and there are rules which cannot have exceptions. If everything is clear then there is no case law.

Rule of thumb is to never let your guard down in criminal actions. It may not hurt to let your guard down in a divorce, but definitely not in a criminal action. A big stick is required even for a small snake. There are no wins in a criminal action. It is all about restoring fundamental rights.

Best of Luck.


Thu Jul 01, 2010 4:08 pm
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Joined: Tue Feb 02, 2010 8:05 pm
Posts: 67
Tiwana & all,

When you and anyone else had requested case paper that time all case papers I had were in Gujarati. Recently I have got english translation of chargesheet, initial complaint, cross examination of witnesses and finally judgement. I think it should be safe to send these documents on email as its a public document anyway. But in anycase I would like to request please do not forward the document I send you to anyone. Whoever wants it I can forward it.

Tiwana, is your email address start with 'the'. If not then please confirm and if possible whoever wants please pm me your email address and I will forward those translated documents.

Regards


Thu Jul 01, 2010 6:44 pm
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Joined: Tue Feb 02, 2010 8:05 pm
Posts: 67
After my last post here, I am getting lots of request for sending documents. Can some one please advice as its really safe to send? Sorry i m having second thoughts now. I already sent documents to few people.


Fri Jul 02, 2010 5:00 pm
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Joined: Sun Dec 07, 2008 8:26 pm
Posts: 409
Location: OH
court records are all public.. don't worry. If you don't want to expose any particular thing just blacken/strike out that portion...


Sat Jul 03, 2010 1:38 am
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Joined: Tue Feb 02, 2010 8:05 pm
Posts: 67
Thanks Prassoon. I will do that.


Sat Jul 03, 2010 2:20 pm
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Joined: Sun Dec 07, 2008 8:26 pm
Posts: 409
Location: OH
How long passport can be revoked and by whom?
=======================================
Amendments were made through the THE PASSPORTS (AMENDMENT) ACT, 2002
(ACT NO. 17 OF 2002) introducing Sections 10A and 10B. Section 10A gives power
to a "designated officer‟ to suspend a passport or order a
passport to be invalid for four weeks.

Explanation - For the purposes of sections 10A and 10B, the expression
"designated officer" means such officer or authority designated, by order
in writing, as such by the Central Government.'.


Sun Aug 01, 2010 6:02 pm
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Joined: Mon Mar 29, 2010 3:32 pm
Posts: 128
I just would like to update my bail status.

As i said before the HC of AP granted me bail on a condition that I should appear in the local PS for consecutive 3days .
no other conditions such as passport impound etc etc.

I went to India and local PS on sunday ( making sure that SI is at the office ) along with my lawyer.
did the same for 3days . came back to USA safely

I used my dad as PA to apply for the bail ... PM me with your contact info for further details of my case.

again the granting of AB is the discretionary power of Judge and may vary from case to case.

_________________
-----498A Girl is either a sign of an ultimately clueless person with enormous psychological issues or a very rational person who wants to harm you real bad----------------

**********SatyaMev Jayate - Let the truth Prevail***************


Wed Sep 01, 2010 8:46 pm
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Joined: Fri Jan 22, 2010 8:44 am
Posts: 83
Nice to know & congrats that u managed bail. But how would u appear for the court date & what's the outcome if u miss the court dates after getting the bail. Why I am asking this bcos, I am in US before and after filing of 498a case and haven't received "legally" and court summons that I have to appear, but during last 2 dates ie first and second date the judge hasn't opened the case and stating that my appearance on court is needed and said if repetitive disappearance may outcome NBW, which I don't care. As I can't leave my bread & butter & waste my time for offenses which I haven't done. So was wondering how good is the bail if one can't make court appearance


Thu Sep 02, 2010 2:07 pm
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Joined: Sun Dec 07, 2008 8:26 pm
Posts: 409
Location: OH
Those who don't care about

NBW
Proclaimed offender title
LOC
Passport renewal
Passport impound/revocation
Visa renewal
Greencard
Citizenship
visiting India EVER
etc

don't need to care about bail.


Fri Sep 03, 2010 12:40 am
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Joined: Thu Apr 22, 2010 5:50 pm
Posts: 17
My lawyer is saying he will email me document and asking me to sign and send it to him. He is going to use to apply for AB. I am planning to go to india in december. So do not want to go for PA. Is it normal that i need to sign for AB? Please help me

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Sat Nov 06, 2010 9:18 pm
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Joined: Mon Mar 29, 2010 3:32 pm
Posts: 128
yes , you might need to sign vakalat , Don't worry read it carefully , sign with a attestation.

more details if you are in USA , PM ME.

_________________
-----498A Girl is either a sign of an ultimately clueless person with enormous psychological issues or a very rational person who wants to harm you real bad----------------

**********SatyaMev Jayate - Let the truth Prevail***************


Sun Nov 07, 2010 12:47 am
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Joined: Sun Mar 28, 2010 7:19 am
Posts: 568

_________________
Regards,
Tiwana
Skype: aftermarriage


Sun Nov 07, 2010 9:44 am
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Joined: Mon Mar 29, 2010 3:32 pm
Posts: 128
original petition for divorce...

_________________
-----498A Girl is either a sign of an ultimately clueless person with enormous psychological issues or a very rational person who wants to harm you real bad----------------

**********SatyaMev Jayate - Let the truth Prevail***************


Sun Nov 07, 2010 2:53 pm
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Joined: Thu May 31, 2012 3:55 am
Posts: 2


Tue Jun 26, 2012 2:08 pm
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