How to save myself from conviction in false 498A case
05-Oct-2023 (In Criminal Law)
My wife had filled a false FIR against all member of family. Except me ABP OF all have granted in lower court. My ABP has rejected in session court,high court.then I have filled SLP in supreme court. SC has given direction to session court to check the merit and grant or reject a bail as direction on 27 th July 17 judgement of SC.when I consulted to layer & consultant.they are saying that lower court reject your regular bail and take cùstody.thats reason I have not been appearing in lower court. While no any alligation upon me in Fir.at first i have filled a divorce on cruelty base.after 3 month she filled fir & a maintenance case.please suggest what should I do to save from custody in false 498A and resolve this issues.
First of all the anticipation of the conviction us far reach conclusion and an anticipation being done in haste. There are multiple ways forward to get bail as well as getting the trial in your favour. You first ask the court that you are ready to finish the strong est surety for the purpose of bail .
Dear friend at present you need to contest the FIR under section 498A. If there is no specific allegations against you in FIR then you need to worry and at present the number of judgment of Hon'ble supreme Court in favor of Husband you could take benefit of them. If all allegations are general then you will take bail very soon.
For further suggestion you need to show me the all documents.
For further suggestion you need to show me the all documents.
Hello,
You will have to wait for the order of the Sessions Court pursuant to the order of the hon'ble Supreme Court. You may raise all these issues before the Sessions Court and also highlight the judgment of the Supreme Court dated 27.07.2017 titled Rajesh Sharma & Ors vs State of UP & Anr. whereby no arrest can be effected without the report of the committees to be set up after the said judgment to look into 498A matters. The are other guidelines also regarding arrest and bail. You may also go through Arnesh Kumar judgment of the Hon'ble Supreme Court
You will have to wait for the order of the Sessions Court pursuant to the order of the hon'ble Supreme Court. You may raise all these issues before the Sessions Court and also highlight the judgment of the Supreme Court dated 27.07.2017 titled Rajesh Sharma & Ors vs State of UP & Anr. whereby no arrest can be effected without the report of the committees to be set up after the said judgment to look into 498A matters. The are other guidelines also regarding arrest and bail. You may also go through Arnesh Kumar judgment of the Hon'ble Supreme Court
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