The contents of audio recordings have to be verified and time is being sought by state govt advocate hence your AB is being delayed
2) no need to bow down to their demands
3) you would not be arrested pending disposal of your AB application
Anticipatory bail against 498A/323/354/406/506/34 IPC-1
Why my AB is taking so much time in high court of haryana. My lawyer filed AB on 18-DEC-2018 and till the date we are getting only next hearing date by mention some purpose. Last it was heard on 18-MAR-2019 and court order says: Present: Mr. Mohit Rathee, Advocate, for the petitioners Ms. Dimple Jain, DAG, Haryana with \ ASI Anil Kumar, PS Suraj Kund, Faridabad Learned State counsel seeks time to get contents of the CD verified from the Laboratory concerned. We have provided a phone recording audio as an evidence in which girl is clearly saying no one from our side as demanded any dowry or no one has tortured her during her stay at our house. She has filed a false case against us but we are not getting any help from police. Instead they are demanding money. Why is it taking so much time? Can we go to our house after this order or police will still arrest us?
Asked 6 years ago in Family Law
Religion: Hindu
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21 Answers
1) Once you get AB police will let you go at home for that AB period mentioned on it.
In a standard 498A IPC taking such a long time for final hearing of AB is really inexplicable.
If such long time is indeed taken then you can seek interim relief from arrest.
Since the case is heard in pet there is little chance that police is going to arrest you anymore though it is prudent to take precaution and not stay in your address.
Who can apply for the interior protection till pendency of the final anticipatory bail. Yes once you get the anticipatory bail you can go but you need to follow the conditions of the bail. It takes time in High Court to dispose of matter. Be patient you will get the same.
1. Has an interim order been passed in your favour? If there is an order of interim bail in your favour or your arrest has been stayed then you are free to go to your house, else not. This
2. Seemingly, it is taking time because there is a CD in question which has to be got verified from FSL. It takes time for the FSL report to come.
if the arrest has stayed in your case till disposal of AB application, only then you can safely go and stay in your home, otherwise, NO
ask your lawyer or see order if something like arrest on the stay is there or not?
if no such order police can arrest you anytime.
time is taken due to the involvement of material which requires authentication from a lab,
taking such a long time for disposal of AB application seems strange,
If I take opinion from a private forensic lab will it be accepted in the court and how much appox cost will involved in getting report from a private forensic lab?
Asked 6 years ago
At anticipatory bail stage much relevance will not be given to forensic report. Only prima facie case will be considered. You can still try submitting the same
The report from private forensic lab would be a no use as the court would not pay any consideration on this.
The report of private forensic lab is not accepted by the court and delete is added by the court the cast is variable in different forensic lab working privately
You can submit report of private forensic lab
2) costs vary depending upon forensic lab to whom reference is made
1 .See since the court can verify the content of the complaint and merits of Bail it can sometime take time further if there is no interim relief granted to you regarding pending AB police can arrest you.
It won't be accepted government FSL report is required and it takes time around 2-,3 months sometimes.
- As per the information mentioned in the present query, make sit clear that your AB is pending before the Hon’ble High court of Haryana, and you have even not granted the interim protection.
- Sir, Firstly, transcript of the CD-R will only be examined by the FSL, Thereafter if you are not satisfied with the same then by way of an application request the court to allow for private expert opinion. This is the discretion of the court to allow or not.
- And even if you are not getting AB due to the delay on the part of state authority then I would advice you to change your advocate as now you would need a one who can at least grant you interim protection till the final outcome of the present application.
- Otherwise, police will continue with their investigation and they would call you also or may arrest also as there is no AB and even no Interim Protection.
Do we need to provide the copy of CD to police for FSL or police will get this from court? If we need to provide CD to police then we have to go to the police station then how is it possible if police will arrest us?
Asked 6 years ago
you have to provide copy of CD to police
2) you would not be arrested
3) there is no automatic arrest in dowry harassment cases
Once you take permission from the court for the same. You can yourself provide or can send through police
1. It will not be accepted.
2. Do not even venture to take opinion from a private lab.
You can pray for FSL from court the court will direct for FSL.
Private FSL not admissible in court.
NO arrest without notice, provide CD to police.
The respondent police is seeking time on some flimsy grounds i.e., awaiting reports from forensic department to confirm the genuineness of the evidence submitted by you, hence you may have to wait till a report is filed by them.
Your report may not be accepted by court if the police have already initiated process to confirm the genuineness of the evidence submitted by you.
In fact if the respondent police is required to submit the report then your private report may not be considered however you can talk to your lawyer about it
If the police is asking for the CD then it may seek the court to direct you to provide the same for obtaining FSL report and opinion on this.