• 498a

Respected Sir / Madam,
My Brother Has An Ongoing False 498A Case Against Him In Which I Am Also Unnecessarily Accused. I am the Second Accused. We Got Bail From The High Court In 2013 After Which We Have Been Granted Exemption From The Session Court For Trials in 2015 Only My Brother'S Presence Is Required. So Far, I Have Never Been Called For By The Court. 
I Had Forgotten One Condition In The Bail Which Says That We Should Not Leave India Without Previous Permission Of The Court. Last Year (2016), I Went On Two Foreign Trips Abroad For Four Days. I Updated My Trip In Facebook My Sister In Law And Her Family Are Using This Point Against Me And Have Requested The Judge To Ask For My Presence In The Next Trial. Please Suggest What I Shall Do.
What May Be The Possible Questions The Judge May Ask, And How Am I To Prepare Myself?
Asked 7 years ago in Criminal Law
Religion: Muslim

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4 Answers

1)you should admit that you went abroad in violation of court orders of not to travel abroad without court permission

2) tender an unconditional apology

3) undertake not to travel broad in future without court permission

Ajay Sethi
Advocate, Mumbai
95205 Answers
7607 Consultations

5.0 on 5.0

1. Personal presence of accused person on each and every date is not required.

2. If the court ask for his presence anyway then he can take plea of his foreign stay which court allows.

3. To avoid hassles of this nature on each and every date he can file petition u/s 205 crpc for exemption in personal appearance.

4. The court would not ask any question.

Devajyoti Barman
Advocate, Kolkata
22920 Answers
498 Consultations

5.0 on 5.0

1. Since you have violated the condition precedent to the grant of bail it is a ground on which your bail can be cancelled. Furthermore, it is most likely that the court will now recall its order of grant of exemption from personal appearance before it,

2. You can only tender an apology for what you have done.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

Firstly it is incorrect to say that your sister in law and her family have requested the judge to ask for your presence before court.

You should remember one thing that she is a defacto complainant, hence she cannot approach court directly with any such request.

Next thing is that she cannot insist on your presence before court since it is not her duty, it is for the court to look into such issues. Moreover since your personal appearance has been dispensed with by an order of court, her requests shall not be accepted by court by any means.

She can apply for cancellation of your bail but she has to produce strong grounds and evidence to support her grounds while seeking cancellation bail. She has to file an application before high court for cancellation of bail for the reasons she relies upon and this cannot be a strong reason because she has to produce evidence for your travelling abroad. The facebook snap shots cannot be considered as evidence in the court, if you strongly object to her petition then her petition will be rejected.

You appear to look over anxious on this petty issue, please not be bothered on such issues, she cannot achieve any object even if she is consistently filing any number of petitions before court for any reason, because her main complaint is being prosecuted by the state hence she has no role to play in this case except to depose her evidence during the time when she is summoned to court.

T Kalaiselvan
Advocate, Vellore
85404 Answers
2236 Consultations

5.0 on 5.0

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