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Bail condition are very confusing in the 498a anticipatory bail order
09-Jun-2023 (In Anticipatory Bail Law)
I took Anticipatory bail in my 498a case but in the order there is a line as below:
The ... police station to release the applicants on P.R bond of rs.15,000/- each and s.b. of like amount in the event of their arrest in the above said offence.
I have confusion.
1) I should execute PR Bond worth rs 15000 and no surety is required
2) I should execute PR Bond worth rs 15000 and surety bond also needs to be executed. The accused do not have to pay anything to the court. For surety anyone who has property or having a salary more than 15k is eligible. Salaried person needs to show only his salary slip and aadhaar card if they are standing as a surety for accused.
Which option is correct?
you need to furnish PB and SB. of 15000 respectively as and ehen the concerned police ask you to do so or ehen the charge sheet is being filed.
P.B is a simple form that u fill up taking a guarantee of 15000 to attennd court proceedings.
S.B is a surety bond which is a person who has a fixed residence or a permanent employment incl his ID proof. said person should never have stood surety before. in case sb isn't available, u need to apply to the sessions court for modification of order and pay cash of 15000 which is refundable.
P.B is a simple form that u fill up taking a guarantee of 15000 to attennd court proceedings.
S.B is a surety bond which is a person who has a fixed residence or a permanent employment incl his ID proof. said person should never have stood surety before. in case sb isn't available, u need to apply to the sessions court for modification of order and pay cash of 15000 which is refundable.
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Adv. Sudarshan Desai
Pune | 200+ Answers
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Can police give bail in 498A?
Section 498A, which is a cognizable offense and does not require bail, has earned it a place in the shadows as a provision that disgruntled women use to their advantage. This provision makes it easy to harass the husband or his family members. 31-Jul-2023
What is the process of settlement of 498A?
No procedure exists for settling 498A outside of court. For this, you must file a writ with the High Court. Section 482 Code of Criminal Procedure 1973 does not apply as that section gives no power to courts. However, under writ authority, High Courts can record compromise. Khula is settled with a one-time alimony.
How do police investigate 498A?
In 498A (Husband, relative or friend of a husband subjecting a woman to cruelty: proposed section 84 of the Bharariya Nyaya Sanhita 2023), most of the evidence is verbal. The main evidence is the testimony of witnesses and cross examination, although there may be other medical/other evidence.
How to finish 498A case?
You can apply for an anticipatory bail to protect yourself against a section 498a IPC charge under Section 438 CrPC[1]. Quashing the 498a FIR: The false 498A case can be quashed in High Court by Section 482 of CrPC.
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