It is quite possible that police did not gave any bail to parents as custody might not be required and therefore just let them off. Now, as there is no bail granted to parents, they have to obtain regular bail from Court which will be readily granted. You lawyer will not gain anything by applying for bail and as surety amount is deposited in bank in the name of persons giving sureties. Your lawyer is correct.
498a parents station bail
498a filed in May 2019 including my parents and me in it. They were apparently called to the PS and then paid INR 20,000 and they got some sort of station bail which was not given to them as any sort of copy. The case is now set for hearing on April 20th, I got an Anticipatory bail on Jan 31st 2022 and then paid for 2 sureties on April 7th and complied with court orders and got my regular bail. Now, the advocate is saying that during the start of the trial, my parents need to deposit sureties and get bail which makes no sense to me.
Asked 3 years ago in Family Law
Religion: Hindu
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6 Answers
Let your parents appear in court on said date
If court has passed orders then your parents will have to give 2 sureties
The ABA given at the start remains till entire trial so no need of separate bail. It was earlier practiced by the court to again furnish fresh bail after chargesheet
- If , your parents names also showing as the accused in the said case , then they will have to take anticipatory bail as well , like you
- Further, they will have to produce surety on their behalf separately before the trail court.
- If already you all produced the sureties before the trail court before filing the charge sheet then there is no requirement for producing the said sureties once against when the trail will start, and only appearance of all the persons are required on the date of hearing before the court after receiving notice.
Dear Client,
Now a days, no arrest will be made by the police without the consent of the family Welfare Committee as per Supreme Court direction. So, do not panic.
Thank You.
If sureties were not produced at that time of getting police station bail then it would be pertinent to produce solvency before court to get enlarged on regular bail,
The amount what you have given to the police station at the time of obtaining the bail may be a bribe amount which may include advocate fees too.
However you can clarify further details from another local advocate to ascertain whether your lawyer's demand or instructions are genuine and really necessary.
