Chance of getting bail at the time of submission of charge sheet are bright and that can be taen by you more easily as the sections are not henious in nature.
Regards
FIR done for 498A + 406 before 9 months (11/2016) Till date formal investigation done, statement etc.. no recovery raid, no arrest etc. After investigation police found we are inoccent and have softcorner for my family. Till date we have not applied for AB. But since my wife is lawyer, police says they have to follow procedure for 406, recovery etc.. Now police says : Its time for chargesheet and we have 2 options: 1st option: (as police recommends): They submit chargesheet on court, on the sameday they show formal arrest of me first and bring to court , this way it will be easy to get bail while submitting chargesheet. After 5-7 days same procedure for my other 4 family members including mother, father, brother.. 2nd option: We go for AB (they says better not to go for AB, why you want to pay somuch?) They says they may come my home for recovery, panchnama etc. I request you to guide me: Which option is better for my family? Chances to get Bail while submitting chargesheet is bright? Or chances to get AB is bright? Money dosent matter.
In same case my sister applied for AB, and her AB granted. But publice procecuter argued a lot for her arrest - Based on written hard argument from police for reasons to arrest ! So for us, chances to get bail alongwith with chargesheet is better or AB has better chance?
Chance of getting bail at the time of submission of charge sheet are bright and that can be taen by you more easily as the sections are not henious in nature.
Regards
1)you cannot trust the police
2) better apply for AB from sessions court
3) let them come home for recovery , panchanama
4) never take a chance
i am confused by different openion
Your mother , father , brother would be granted AB by sessions court
Since police insisted on your sister arrest you cannot trust the police
Play safe
ok Sir And what are my chances of AB? Wife claimed she have given gold worth 22L to our family on one event. There is video recording of that event that can proove she is fraud. But she is not giving that video CD to IO , says 'its misplaced'
1) burden of proof is upon wife to prove that Rs 22 lakhs jewellery given at time of marriage
2) has she produced bills for purchase of jewellery
3) it is at the discretion of court to grant AB
4) even if sessions court rejected your application you should get AB from HC
Even before the charge-sheet is filed, you may challenge the FIR in the High Court and submit before the Court that you are ready to surrender. Plead that your petition be disposed off with the direction that in case you surrender within a defined period (which the court may indicate) you bail be considered on the day you surrender in light of several supreme court decisions. Taking help of the order of the High Court, you may surrender in the Trial Court and obtain the bail on the same day.
HI
Option1 is better as you will be by default entitled to bail once the charge sheet is filed in the court
As per law, once the charge sheet is filed, then the accused are entitled to bail by default as investigation is complete and in your case, bail cannot be denied in any circumstance.
Also in 498a cases, after the recent supreme court guidelines, getting anticipatory/regular bail in 498a has become relatively easy inspite of prosecution arguments and hence in your case since you will by default get both anticipatory or regular bail on application however it is better to go for regular bail after charge sheet as this will save you time and other inconvenience such as going to police station once a week etc.
1. A 'formal arrest' will be a lifelong taint on your profile. Hence, apply for and obtain anticipatory bail.
2. Cops are not reliable bunch. If money does not matter then go for AB.
Since your sister's AB has been allowed there is a good chance that you may also be able to obtain AB.
Since you have the video recording of the event to prove her lie you should not let police submerge your profile in taint. Apply for AB.
As per Supreme Court judgments, all the State Governments to instruct its police officers not to automatically arrest when a case under Section 498-A of the IPC is registered but to satisfy themselves about the necessity for arrest . In your case the charge sheet is produced by the police so a regular bail can grand from the court itself after perusing the charge. But you have to convince the court that you are innocent and not done any crime and have to prove your cause with out any doubt.
Also know about what is anticipatory bail .
When any person has reason to believe that he may be arrested on an accusation of having committed a non-bailable offence, he may apply to the High Court or the Court of Session for a direction under this section; and that Court may, if it thinks fit, direct that in the event of such arrest, he shall be released on bail.
Here the investigation is over and charge is submitted so regular bail is the suitable option.
In my opinion, you should always be vigilant on this aspect.
Why do you want yourself to get arrested and then get enlarged on bail.
Because it is not possible to get enlarged on bail immediately after arrest, it may take at least two to three days to get bail.
Instead you may apply for AB now itself for everyone, which can be granted since the police have completed investigation.
The question is not about spending money but your safety.
In same case my sister applied for AB, and her AB granted.
But publice procecuter argued a lot for her arrest - Based on written hard argument from police for reasons to arrest !
So for us, chances to get bail alongwith with chargesheet is better or AB has better chance?
Since the police have completed their investigation, the public prosecutor may not strongly object to your AB at this stage and you should instruct your advocate on this properly.
Chances of getting AB at this stage are brighter.
i am confused by different openion
In a legal forum where there are plenty of legal experts, it is but natural that everyone will render their opinion, dont get confused, you choose whichever option suits you as per the prevailing situation.
And what are my chances of AB?
Wife claimed she have given gold worth 22L to our family on one event. There is video recording of that event that can proove she is fraud. But she is not giving that video CD to IO , says 'its misplaced'
This is a matter of trial and she may reserve the option to produce the same before the court during the trial proceedings, hence you just wait without concluding on it now itself.
She being a lawyer, she knows the law better than you, hence you have to take a cautious step every time.