• Bail grant

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 ?
Asked 8 months ago in Family Law from Canada
Religion: Christian

No court can't deny the bail for the same. You can deposit the jewellery amount under protest in Court if Court feels suspicious.

Prashant Nayak
Advocate, Mumbai
11640 Answers
18 Consultations

4.8 on 5.0

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.

 

 

Siddharth Jain
Advocate, New Delhi
4624 Answers
50 Consultations

5.0 on 5.0

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.

Shubham Jhajharia
Advocate, Ahmedabad
18227 Answers
71 Consultations

5.0 on 5.0

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 

Ajay Sethi
Advocate, Mumbai
65426 Answers
3960 Consultations

5.0 on 5.0

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. 

Mohammed Mujeeb
Advocate, Hyderabad
9336 Answers
3 Consultations

4.5 on 5.0

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.

Krishna Kishore Ganguly
Advocate, Kolkata
22351 Answers
587 Consultations

5.0 on 5.0

- 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. 

 

 

 

Mohammed Shahzad
Advocate, Delhi
341 Answers
16 Consultations

5.0 on 5.0

Court will consider all circumstances and appreciate all evidence before it before pronouncing judgement, and not just one circumstance of jwellery not recovered

Netra Mohanchandra Pant
Advocate, Navi Mumbai
1011 Answers
1 Consultation

4.4 on 5.0

Hello,

No it cannot be the reason. However ask your lawyer to say that she takes everything with her.

Regards

Swarupananda Neogi
Advocate, Kolkata
1028 Answers
2 Consultations

4.8 on 5.0

1) No once granted bail court can't deny.

Ganesh Kadam
Advocate, Pune
7093 Answers
60 Consultations

4.9 on 5.0

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.

Swarnarka Chowdhury
Advocate, Mysore
1752 Answers
4 Consultations

5.0 on 5.0

  1. As per he information mentioned in the present query, makes it clear that the bail has already been granted.
  2. And now for the cancellation of the same, then there must be strong proof of violating any of the conditions put in the bail order.
  3. And regarding the isiliye of not returning of jewellery which is already given to her, so now, they have other legal remedies for proceedings in that matter accordingly, but try can’t ask for the cancellation of the same.

Sanjay Baniwal
Advocate, South Delhi
4766 Answers
11 Consultations

5.0 on 5.0

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 

Rahul Mishra
Advocate, Lucknow
4113 Answers
11 Consultations

5.0 on 5.0

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.

T Kalaiselvan
Advocate, Vellore
55240 Answers
674 Consultations

5.0 on 5.0

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.

Vimlesh Prasad Mishra
Advocate, Lucknow
5376 Answers
16 Consultations

4.9 on 5.0

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

Shubham Jhajharia
Advocate, Ahmedabad
18227 Answers
71 Consultations

5.0 on 5.0

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.

T Kalaiselvan
Advocate, Vellore
55240 Answers
674 Consultations

5.0 on 5.0

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. 

Mohammed Mujeeb
Advocate, Hyderabad
9336 Answers
3 Consultations

4.5 on 5.0

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 

Ajay Sethi
Advocate, Mumbai
65426 Answers
3960 Consultations

5.0 on 5.0

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

Rahul Mishra
Advocate, Lucknow
4113 Answers
11 Consultations

5.0 on 5.0

Hello,

Ask your father to appear with your lawyer.

Regards.

Swarupananda Neogi
Advocate, Kolkata
1028 Answers
2 Consultations

4.8 on 5.0

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