No court can't deny the bail for the same. You can deposit the jewellery amount under protest in Court if Court feels suspicious.
Hello Can honourable court deny the bail in 498a case for the simple reason of wife's jewelry not being recovered ? The anticipatory bail has been granted but wife's lawyer is making a big issue in court regarding wife's jewelery. Which in reality is already with her, but it is impossible to prove it. Can the court deny bail just for that reason ?
No court can't deny the bail for the same. You can deposit the jewellery amount under protest in Court if Court feels suspicious.
Court cannot deny you bail just because your wife is making an issue that her jewellery has not been returned without any proof as the onus of proof to prove that the said articles are in your possession is on your wife as she is the one who is making the allegation as per law.
Bail can be denied if the accused is not cooperating with the police authorities for theinvestigation purposes or is planning to abscond to avoid the criminal proceedings or can temper evidence.
The court will not in ordinary circumstances cancel bail as you being already granted anticipatory bail donot require regular bail. Your contention and stand should be ear before court that wife herself was in possession of jewellery and now she is illegally using law to make benefits.
Court would not refuse bail merely because wife jewellery has not been recovered
2) in your application your case would be that wife has taken the jewellery with her and has filed false complaint that jewellery is with you
There is no problem if your anticipatory bail gets rejected from lower court in 498A matter as this is normal. After it gets rejected from lower court file it in High Court from where you will definitely get a relief as the in the matter of 498A generally the court adopts a liberal approach in granting bail.
Generally court cannot deny bail on simple reasons without any evidence. So no need to worry you can move to superior court incase if bail rejected.
1. Yes, AB is ordinarily granted and/or rejected if granted for the sole reason that section 406 of IPC is not complied with.
2. Let your Advocare pray for a direction up on the police to conduct search in the premises of the accused to recover the jewellery, if available.
3. If those jewellery are in existence and are in custody of the wife, police can conduct search in her place to recover the same and prove her allegations as false.
4. Negotiate with the police accordingly.
- The Supreme court quoted that the sections under 498a and 406 under the Indian penal code are widely misused and for no reason the husband and family members are prosecuted and jailed thereby tarnishing the reputation of the family the sections are exactly termed as “legal terrorism”.
- When Anticipatory bail has been granted , then you should not worry about the Regular bail from the concerned court.
- Other side, the Court cannot deny bail just because wife is leveling allegation that the Jewellery items are with husband and his family members.
- You should submit before the court that all the jewellery items were in possession of the wife always, so no question arise for returning the said items.
- Since,you have Anticipatory bail order in your favour , you will get regular bail without any hindrance ,let the other party make noise.
Good luck.
Court will consider all circumstances and appreciate all evidence before it before pronouncing judgement, and not just one circumstance of jwellery not recovered
Hello,
No it cannot be the reason. However ask your lawyer to say that she takes everything with her.
Regards
Court will deny bail only if the offense is punishable with death or imprisonment for life. 498a is not punishable with death or imprisonment for life as such court will not reject your bail once anticipatory bail is granted taking regular bail is just a procedure.
Hello
The anticipatory bail has been granted. The issue of jewellery cannot be the reason of cancellation of bail. This is a question of fact which is disputed and hence has to be proved. Mere allegations would not suffice.
Regards
You say the bail has been granted then where is the problem now?
If the court has already granted anticipatory bail then there is no problem even the opposite lawyer is objecting to the bail for some petty reason.
It depends on the code for view that the bail may be granted in 498 a but the court may order release of the jewelry.
I am not in India but my father fully co-operated with the police in investigation ordered by honourable court prior to granting AB. Since we dont have any jewellery in reality, my father is willing to pay the amount if honourable court orders. But can my father be arrested if he appears at court for any reason. Or do the Hnble court gives us time to apply for bail in HC before making an official arrest.
No he will not be arrested court can order police to carry out search or investigation in detail to find out the jwellery. Don't worry bail shall not be granted and if bail in any case is cancelled you will get time
First of all contact a local lawyer and arrange for filing an application for anticipatory bail for your father.
Let the bail application be heard and bail be granted, you can think about other aspects during the trial stage.
Police Can not arrest your father he can appears in court hearing with your counsel, court can not gives you any time, you should apply for bail in high court, incase if session court reject your bail.
Your father would be granted anticipatory bail
2) generally courts grant AB to parents of the accused husband
3) court may impose conditions for grant of AB
an arrest cannot be arbitrary and the police officer has to furnish reasons for the arrest. appearing in the court and complying with the orders of the court would ensure that you or your father do not get arrested. the case of jewellery is disputed and even if they prove that you have it, it cannot be the reason for the arrest.
regards