Anticipatory bail

  

Where should I apply for AB? Should I apply to High Court only or any other court can give AB?
Anticipatory bail has to be applied in the Sessions court or District Court. If your application is rejected in this court then you need to appeal against that order in High Court and then in Supreme Court. Magistrate courts or trial courts or any court below the rank of Sessions or District courts cannot give Anticipatory bail. These are some questions which keeps bugging us, I have tried them answering below.

What is AB ?
Anticipatory bail is a direction to release a person on bail, issued even before the person is arrested.

A person can apply for AB even after the FIR is filed, but not if the person has been arrested.
Read the excerpts to get an understanding of AB:

Section 438 (1) of the Code lays down a condition, which has to be satisfied before anticipatory bail can be granted. The applicant must show that he has "reason to believe" that he may be arrested for a non-bailable offence. The use of the expression "reason to believe" shows that the belief that the applicant may be so arrested must be founded on reasonable grounds.
 Thirdly, the filing of a First Information Report is not a condition precedent to the exercise of the power under S. 438. The imminence of a likely arrest founded on a reasonable belief can be shown to exist even if an FIR is not yet file.
 Fourthly, anticipatory bail can be granted even after in FIR is filed, so long as the applicant has not been arrested. After arrest, the accused must seek his remedy under S. 437 or Section 439 of the Code, if he wants to be released on bail in respect of the offence or offenses for which he is arrested.

WHEN CAN A PERSON APPLY ?
When any person apprehends that there is a move to get him arrested on false or trump up charges, or due to enmity with someone, or he fears that a false case is likely to be built up against him,
 He has the right to move the court of Session or the High Court under section 438 of the code of Criminal Procedure for grant of bail in the event of his arrest, and the court may, if it thinks fit, direct that in the event of such arrest, he shall be released on bail.

CONDITIONS THAT MAY BE IMPOSED BY THE COURT
The High Court or the Court of Session may include such conditions in the light of the facts of the particular case, as it may think fit, including:
 (a) a condition that the person shall make himself available for interrogation by the police officer as and when required;
 (b) a condition that the person shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the court or to any police officer;
 (c) a condition that the person shall not leave India without the previous permission of the court.

ARREST
If such person is thereafter arrested, and is prepared either at the time of arrest or at any time while in the custody of such officer to give bail, he shall be released on bail and the magistrate taking cognizance of such offence decides that warrant should be issued against that person, he shall issue a bailable warrant in conformity with the direction of the court granting anticipatory bail.

ANTCIPATORY BAIL NOT A BLANKET ORDER
The applicant must show by disclosing special facts and events that he has reason to believe, that he may be arrested for a non-bailable offence so that the court may take care to specify the offence or offences in respect of which alone the order will be effective and it is not a blanket order covering all other offences.

CANCELLATION
An accused is free on bail as long as the same is not cancelled. The High Court or Court of Session may direct that any person who has been released on bail be arrested and commit him to custody on an application moved by the complainant or the prosecution.

Factors, which are relevant for considering the application for grant of anticipatory bail, are :
The nature and gravity or seriousness of accusation as apprehended by the applicant;
The antecedents of the applicant including the fact as to whether he has, on conviction by a Court, previously undergone imprisonment for a term in respect of any cognizable offence;
The likely object of the accusation to humiliate or malign the reputation of the applicant by having him so arrested;
The possibility of the appellant, if granted anticipatory bail, fleeing from justice.

Here is an explanation of Anticipatory bail given by the Supreme Court

ANTICIPATORY BAIL PROCESS MAY BE LITTLE DIFFER IN SOME STATE WISE.

Misandry (Male Hatered)

        
     Training Seminar: Remove Misandry (Male Hatered) on 4th October,2015.

Date : 4th October ( Sunday) , 2015.
Time : 10AM to 4PM
Venue : Jawahar Lal Nehru Youth Center , Near Gandhi Peach Foundation, Deen Dayal Upadhyay Marg , New Delhi.
Help Line no : 8882-498-498

 

498a FIR & After...(Step by Step)

FIR filed by your beloved wife in her local police station. Usually wives go to their hometown and file a fake complaint in form of FIR. If you look at the various FIR filed at police station, you would find all of them to be similar as lawyers already keep a format of 498a FIR with them.

After FIR as per new guidelines by Supreme Court, police needs to satisfy the need of arrest of accused by filling a checklist and if that fulfills all the criteria then they need to get a written complaint from the Magistrate.

As soon as you get notice for investigation. You need to apply for anticipatory bail in lower court which is also called as session court. If your bail gets denied in lower court then you need to move to higher court and once it is approves. You may appear for the police investigation.

At police station you would need to do some formalities on attending dates given by the investigating officer and at the same time you would be asked few questions as part of investigation.

Now sit back and relax. Police would need to file charge sheet and they would talk about the things they found out in the whole investigation based on their questioning.

Once charge sheet is filed you will be sent summons or police will make phone call to receive charge sheet. Until that time you would not need to attend court. Sometimes police would not send a notice or call you on completion of charge sheet but that is not going to make any difference.

Now you would need to go to court and you will be given charge sheet by public prosecutor. Charge sheet is also called as final report and it will have all the details of police investigation with names of witnesses and documents. If you do not find these details then you need to intimate court about the same.

 

Now you would be given dated to attend court, you may either attend court dates or you may take exemption funder u/s 205 of Cr. P. C.

Now charges would be framed against you under u/s 240 Cr.P.C and if you are the accused then you may oppose the same.

Now first witness, which would be your wife would be asked questions based on her complaint in FIR on court record. At the same time accused’s counsel would also cross examine her.
After this her father, mother, brother, sister etc. would be asked.

Now investigating officer would be asked by PP and then by accused advocate. Now your prosecution evidence would be closed and then accused will be examined by Magistrate u/s 313 Cr.P.C. and then PP gives argument following which accused advocate gives argument.

Now order of acquittal or sentence and then you would be given details order by the court.
If you are acquitted then enjoy else appeal in higher court.

C.R.P.C 240 Section & 313 Respectively.

Framing of charge (240)

If, upon such consideration examination, if any, and hearing, the Magistrate is of opinion that there is ground for presuming that the accused has committed an offence tribal under this Chapter, which such Magistrate is competent to try and which, in his opinion could be adequately punished by him, he shall frame in writing a charge against the accused.

The charge shall then be read and explained to the accused, and he shall be asked whether he pleads guilty of the offence charged or claims to be tried.


 Power to examine the accused. (313)

In every inquiry or trial, for the purpose of enabling the accused personally to explain any circumstances appearing in the evidence against him, the Court- may at any stage, without previously warning the accused, put such questions to him as the Court considers necessary; shall, after the witnesses for the prosecution have been examined and before he is called on for his defense, question him generally on the case: Provided that in a summons- case, where the Court has dispensed with the personal attendance of the accused, it may also dispense with his examination under clause

 

No oath shall be administered to the accused when he is examined under sub- section (1).

 

The accused shall not render himself liable to punishment by refusing to answer such questions, or by giving false answers to them.

 

The answers given by the accused may be taken into consideration in such inquiry or trial, and put in evidence for or against him in any other inquiry into, or trial for, any other offence which such answers may tend to show he has committed.

C.R.P.C 205

Section 205 Of Cr.P.C. Magistrate may dispense with personal attendance of accused.-

(1) Whenever a Magistrate issues a summons, he may, if he sees reason so to do, dispense with the personal attendance of the accused and permit him to appear by his pleader.

(2) But the Magistrate inquiring into or trying the case may, in his discretion, at any stage of the proceedings, direct the personal attendance of the accused, and, if necessary, enforce such attendance in the manner hereinbefore provided.

“ It is stated that as respondent was ill, that necessary petitions were filed before the learned Magistrate under Section 317 of Criminal Procedure Code to condone the absence of the respondent and also a petition under Section 205 of Criminal Procedure Code to dispense with personal appearance. The learned Magistrate allowed the petition under Section 317 of Criminal Procedure Code, but however dismissed the petition under Section 205 of Criminal Procedure Code and directed respondent to appear before Court.”

IrBM

Hello Readers, I would need your little attention here to know about IrBM, so what is IrBM? How does it influence society & Men?

 IrBM = Irretrievable Breakdown Of Marriage

 

Basically - until now, there were two ways for a girl to get divorce from her husband:

1) She finds fault in you. If you don't contest, she gets the decree of divorce in her favour. If you contest, she needs to prove her case. Grounds = cruelty, infidelity etc.

2) She talks to you and makes you agree for a mutual consent divorce. Whether you are interested or not, you settle for the divorce to avoid facing Domestic Violence, 498a or 125 maintenance  etc..

If she has already filed those cases, she agrees to drop them or help you get quash [in case of 498a]

If a girl files DVC or 498a senselessly and refuses to settle with you - you could deny her divorce and harass her. This particular strategy helped in settling majority of the DVC and 498a cases - since women are really afraid of getting old. Similarly, if a girl realizes her "mistake" - in the sense that she might not be able to remarry or extort money from you - she would think about coming back after dropping those cases. This made life relatively easily for men after you got Anticipatory Bail for 498a.

 

But, now a woman can get divorced under a new package - if the IrBM bill gets passed. In IrBM, what is required is a separation of 3 years. So - a girl can file 498a and DVC against you and keep extorting money from you. If you don't give her a mutual divorce with LOT of compensation; she will just wait for 3 years - going around in pubs and partying hard.

After 3 years have passed, she can present to court that "I thought that my husband will realize my mistake and take me back. But he has no sense of regret for his shameful actions. Our marriage has irretrievably broken down." The court will not only give her a decree of divorce but also a hefty compensation which includes share in your fixed, immovable and movable assets; and also including a lump sum that takes into consideration your inheritance or inheritable amount.

What makes IrBM scary is that a girl who filed false cases before is punished by denial of divorce and denial of extortion money right now - but after IrBM, a girl who files false cases against husband is rewarded not only with a divorce but also with a hefty share in your assets and salary etc..

 Why would anyone take a job which is going to be "temporary for life" and terminable one sided?

=> Living with integrity means: Not settling for less than what you know you deserve in your     relationships.

=> Asking for what you want and need from others. Speaking your truth, even though it might create conflict or tension.

=> Behaving in ways that are in harmony with your personal values. Making choices based on what you believe, and not what others believe.

 

 

 

Unequal Laws

We talk about equal rights, equal respect, equal balance in society etc. However this is very strange and weird that we never ever think about gender equal laws. that law, which drive this society, mankind, and make people scared, not to do something illegal or unethical with anyone.

Law stops you from within, that if we don't follow the law, it might put you in jeopardize or risk, however when there is no law to stop women's false allegation or wrong doings so why will they be scared, infact they have complete world in their support. 

 We live in a society where we have male and female, so which clearly means any policy, law or anything should be made in considering both. However that's not the case presently.

Family laws has been made considering only one side story of society which stats female and their issues, I raise one question here, TAALI AK HATH SE NAHI BAJTI HAI?. I am sure there would have been something which female would also have done wrong, a threat, provoke, or abuse or even slap etc.

We have crime against women cell, women associations, women oriented mediation center, women helplines provided by Govt. etc..

 Men also support in society, contribute in country's development, maximum amount of tax comes from them, vital role in the development of child in family, however men has been ignored, as per Menaka Gandhi's statement, All violence originated by Men. You tube link  (https://t.co/cM39IMdVrh)

Did you have ever heard of any men helpline, any Govt. association which helps men? I think the answer is no. Don't they also suffer domestic violence? Answer lies within to every men. 

“Silence becomes cowardice when occasion demands speaking out the whole truth and acting accordingly.” ― Mahatma Gandhi

False Cases by Women, reported by Media

Hi Readers.. Thank you so much for reading my previous blogs.

To all the men here: I am sure what our suffering is something that I cannot even start to imagine, it seems to me that you have to bear the brunt of the law, which is unfair, no doubt about it.

I can't even imagine what suffering a men go through when he faces false case, how does society looks at him, he becomes criminal in the eye of everyone around him, Should we think once that he might be innocent ?
Together we can change this believe that even a girl can do wrong doings

Below are some facts extracted for various sources:

 => 53.2 per cent rape cases filed between April 2013-July 2014 false, says DCW, 1,464 cases were  found to be false.

=> False cruelty cases under Section 498A (498A of Indian Penal Code against innocent in-laws alleging cruelty and harassment at matrimonial homes)  ruining marriages, SC says

 => 98 per cent of all domestic violence cases were found to be baseless and false as per The Hindu.

One of a merchant navy officer. he had invested all his money in his wife's name and bought various plots of land, mutual funds & shares in her name. Now when he was 59 years old and about to retire from service, his wife has shown him the door. he had lost almost everything. he kept all the ornaments in a bank locker with joint name and his wife has removed all the items. Now she has filed a case under domestic violence.

'Man'kind in India is suffering. Time has come for government to amend these laws making them gender neutral or otherwise the married Male population of this country would very soon become an extinct species.

Men Suicides Cases reported by NCRB

Hi Readers, Before I could say anything about law or its misuse, just would need your attention on today's date.

11th Sep or Nine eleven ? This date reminds us something disastrous happened which ruined so many life's and left this world. I am very sad for that moment. Sorrow !!

 Now I would share some facts which are shared by National Crime Records Bureau for 2012, which will be an eye opening records for you.

=> 15 Suicides took place every one hour during the year 2012.

=> More than one lakh persons (1,35,445) in the country lost their lives by committing

     suicide during the year 2012.

=> ‘Family problems’ (25.6%) and ’illness’ (20.8%) have accounted for 46.4% of total

     Suicides in country during the year 2012.

=> The overall male : female ratio of suicide victims for the year 2012 was 65:35

     Nearly 71.6% of the suicide victims were married males

After looking these records, a question comes, what brings someone to end his life? what has happened to anyone that he felt killing himself easy then living? It must be misery, since they are not alive now, however one more question raised here, Can our law not help them to live their live or support them? I think the answer itself is explanatory.

So what is it ? which we can do to prevent or reduce the numbers from the above records, I believe give equal rights to everyone besides their gender, Look always both side of coin before making anyone accused. This may give moral to speak up one's mind.

For more details : http://sffdelhitrainingsessions.blogspot.nl/2014/07/NCRBArneshSupremeCourt.html?m=1