Plus HC mumbai will be(may be) reluctant to give the AB, since even though it has the powers to grant bail(hierarchically) its foot is not so firmly planted jurisdictionally. As it happened in my parent’s bail in Kerala HC(the original case was filed in Mumbai(Mulund Magistrate court)- the other party came with glycerin and women police(from mumbai) and vehemently opposed the AB. The lady(bitch) police(CI rank!) from mumbai was shouting at the HC kerala judge and he was chickening & pissing right there on his high seat. The AB was denied on the grounds that "Mumbai police wants custodial interrogation of the accused seeking AB, and since granting AB will compromise the chances of recovery of the misappropriated property(stridhan)"- we too had 406 on us like Abbas’ has now.
Those being the technical aspects of inter state scenarios like Abbas'(and earlier mine too)
The redundancy is that Transit bails are not granted, more often than not, for periods long enough(in which it can be expected that the regular bail can be obtained at the other state court, in this case, bangalore), and hence it may be required to take another AB in Bangalore, before the regular bail comes up for hearing at the Bangalore court.
So its always better to get the AB from the court where the case is going on(or the sessions court above it, if one suspects collusion at the magistrate court level). But its our natural tendency to be scared about the other parties 'playground', here bangalore, the thoughts of whether they will be able to influence the judge to deny the AB etc. But that’s where the SIF network in bangalore can help , by referring lawyers with irresistible 'face-value'/’currency’ in that particular court where AB is planned to be filed for.
But the chances of an other state HC granting AB, in face of the “jurisdictional dilemma” becomes slim(this dilemma is only in the mind of the judges, and that too if the other party comes to know and opposes in the AB hearing, in collusion with the PP/bangalore Police(both are parties to an AB case, as they represent the State who is the complainant... as in all criminal cases).
I had , I guess, mentioned these points briefly in my telecon with Abbas but just reiterating this for the benefit of others as well. But what I said above is not to be generalised, especially since Mumbai courts/judges are down right consumerists!(money gets whatever u want!). So all said and done u may get a Transit AB valid till the cows come home!, but its ones duty to ensure that the lawyer will deliver on getting enough time validity for the transit AB so that Abbas' family can straight away apply for regular bail at Bangalore(without having to apply for another AB at Bangalore, due to short validity of the transit AB).
If Abbas' case was in Mumbai, I would have taken his parents to the police station one day morning(after a reliable kingpin sets-up the IO and SHO, etc.) and make them present the parents at court by 11am, and get the regular bail itself by 1pm!(setting up the magistrate) - Making the process of ABA itself redundant... but I don’t know whether in Bangalore this is possible and whether we have such kingpins to liaison with the Police and Judge for the "Settings"(as its lovingly referred to in Mumbai).
This may look scary but this is what I had to do for my parents, after their bail got rejected in HC Kerala(since for me, applying for my parent’s AB in HC, mumbai after this was dicy, since both the HCs are in the same level, and one HC won't 'like' to over rule the other(horizontally in level) HCs ABA denial. So my only option was the SC for ABA!!!, where my ex’s Uncle was a top lawyer and who was waiting to pounce on us the moment we approach SC!!!).
This risk is there with Abbas' case too: That’s if he applies in Mumbai HC and it, god forbid, gets rejected, then the Bangalore HC will think twice to give AB, and no lower court(in bangalore) will have the power to grant an AB, which was rejected by an HC(mumbai in this case).
So these are the scenarios in these kind of cases. No hard and fast rules, but these are the general caveats one should be aware of while decision the road ahead in such cases(involving 2 states , like in Abbas’ case)
Regrds
Gokul
PS: Now I have to blog this at http://bok498a.blogspot.com (of course, with personal details blanked out), lest I feel wasted writing so much for benefit of only a few of us.
Virag wrote:
Hi Abbas,
Misuse of 498A is like a disease and is spreading everywhere like a virus. So you are not the only one.There are thousands of families being affected by this.
So gear up to fight this misuse as this is the only way out. First of all, your parents need to file an Anticipatory Bail (AB) in Mumbai and remain in hiding till it is obtained. Gokul, Jinesh, Rakesh in Mumbai can help you in getting AB in mumbai.
The answer to the question, whether AB should be taken in Mumbai or Bangalore is as follows:-
Let your parents take an AB in Mumbai first, they being residents of Mumbai, it will be easy there. As the remote police team (Bangalore) cannot make an arrest without the local team, and the local team will not be able to arrest as your parents have a local AB, so the local team will have to present your parents before the jurisdictional magistrate who will give a Transit Bail for 15 days, within which your parents will need to apply for Regular Bail (RB) in Bangalore.
Once they manage to get the bail, consider yourself as 90 % victorious as the whole drama in a 498a case is around this bail/jail drama only.
About transferring your case to Mumbai, it will be next to impossible for :-
1) You have to go Supreme Court for the same.
2) Criminal cases are not transferred out of jurisdiction until and unless there is a very compelling reason to do so, as the alleged torture has happened at Bangalore, jurisidiction is Bangalore.
3) Expecting transfer of case in 498a at husband's / in - laws' place is not advisable. So do not think on those lines.
Rather than that your case has strong grounds for Quashing, so after you manage to get bail for your parents, prepare for quashing.
Right now, the best thing for you is to have patience, resolve and firm to fight the case and for that you will need knowledge, so
1) Join SaveIndianFamily yahoogroups at
2) Read this properly Survival Kit to 498a
About actions to be taken post bail, we will discuss further, after hearing from you whether you are looking for a quick fix or ready to give a tough fight.
Marking this mail to Arnab who is in US and an active member at Save Indian Family.
All the best.
On Sun, Aug 10, 2008 at 2:10 AM, abbas wrote:
I live in ********. I am originally from Mumbai, India. My wife is from Bangalore, India. She lived with me in India for 3 days in Bangalore, and 6 days in Bombay with me and my family. She left me when I was still in Bombay, and went to Bangalore. I left for the US after 5 more days in Bombay. She claims I hit her and demanded dowry in these 6 days in Bombay. My parents have been implicated too. Arrest warrants have been issued against my father, mother and myself. Police had come from Bangalore to arrest. Luckily my parents were not at home. They are avoiding arrest now by living elsewhere.
I am in the USA, so its not about me. Its about getting my parents out of this. They have to go to Bangalore, where the case is filed. Their family has a very strong presence there. I want to avoid them travelling to Bangalore.
Please help!!
- Abbas
--- On Thu, 8/7/08, Gokul P.R wrote:
> From: Gokul P.R
> Subject: Re: 498a victim
> To: abbas
> Cc: "Virag" , "Binoe Manuel" "Gorky" , "Bharati"
> Date: Thursday, August 7, 2008, 11:27 AM
> Hi Abbas,
>
> I am Ccing this to activists in Bangalore who you can
> call up and take tips about the situation in bangalore, as
> discussed in our telecon. For their info please reply with a
> brief write-up about ur case(about 1/2 a page is enough for
> getting the outline).
>
> I would recommend that you join SIF(saveindianfamily)
> yahoo group: http://groups.yahoo.com/group/saveindianfamily
> , where you can post your specific queries and can expect to
> get replies from the 3300 odd members in this group, who are
> highly passionate about fighting this kind of misuse of law
> and are knowledgeable than even an average advocate. The
> message archives of SIF yahoo group also will be helpful in
> getting more insight to any kind of legal situation that you
> may be in(you can search with Keywords related to your
> case).
>
>
> All the major judgements/citations that you may need is
> here: www.mynation.net and
> http://www.498a.org/forum/viewforum.php?f=16&sid=1592eb0eed276fe804822de5daf4db2a
> .
>
> Refer
> http://ipc498a.wordpress.com/2007/07/01/the-498a-survival-kit/
> to read about how you can fight misuse of 498a.
>
> See the attachment for some links and resources which
> will help you to research solutions yourselves. Also call
> the helpline numbers near to you( given below) and meet the
> local group at their weekly meetings(they have several local
> groups in US too).
>
> In the meanwhile go through some blog posts I had written
> about counter cases and using the Joginder Kumar Vs State of
> UP judgement for getting a fair investigation done in your
> case, as discussed in our telecon.
>
> See:
> http://at498a.blogspot.com/2008/05/impending-498a-send-this.html
> -> This is the petition I had mentioned about in our
> telecon, you can send this to the Commissioner of police,
> Prime Minsiters, Law Minister, etc., keeping the Senior of
> the bangalore and bombay police station and the
> Investigation officer as "Copy to", seeing that u
> have sent your petition to these many higher ups the police
> stations guys will behave, thats the logic(not that these
> higher ups care a damn!)
>
> Also see:
> http://bok498a.blogspot.com/2008/07/post-498a-getting-fair-investigation.html
> ,
> http://bok498a.blogspot.com/2008/07/counter-cases-during-and-after-case.html
> and
> http://bok498a.blogspot.com/2008/06/first-strikers-advantage-live-saving.html
> For Free Advise, Call our help-lines worldwide Help-Line
> Numbers.
> Mumbai: 9869323538, 9821414336, 9224335577, 9820056091
> Nagpur: 9890974788
> Nasik: 9371988132, 9822011250, 9890656219 Pune:
> 9923056460, 9922379103, 9850883751
> Delhi: 9911119113, 9891369616, 9811624141 Calcutta:
> 9231835462, 9830151555, 9830927619
> Kanpur: 9839038424, 9335014984,9935239764 Bangalore:
> 80-65334135, 9845986250
> Jaipur 9352562456 Kerala 9895557765, 9995433034,
> 9995308518 Gujarat 9825365816, 9898989884 U.S.A
> +650-430-9544, +612-812-4340, +917- 512-5362 Kuwait
> +965-3869295
> More helplines at: http://mynation.net/contact-us &
> http://www.savefamily.org/index.php?Itemid=65&option=com_content
> In return we just need to raise your voice in whatever
> way possible so that we can together see the end of this
> legal terrorism in families, which is the real strength of
> India(and may be thats why families are being systematically
> targetted and broken down by vested interests!)
>
> Warm Regards,
>
> Gokul, http://gokul.go.to, 9821414336(Mumbai)
> Editor - www.siftimes.com , Director- www.pifngo.info
> Protect Indian Family: "For Family Harmony.. Against
> Legal Terrorism"
>
>
> abbas wrote: Hello Gokul.
> Thank You so much for your excellent advice. I am under a
> lot of stress currently, and my parents more than me.
> These are the charges against me and my parents:
>
> 498a
> 506tpc
> 406 da act
>
> Thanks again for listening.
>
> - Abbas
--
Thanks & Regards
Virag
Reality is merely an illusion, albeit a very persistent one.
http://www.siftimes.com
http://www.savefamily.org
http://mynation.net
http://legalfighter.blogspot.com/
http://crusader-magicofmind.blogspot.com/
http://crusader-indianjustice.blogspot.com/
http://feministindia.blogspot.com/
http://legalfighter.wordpress.com
http://www.merinews.com/allArticles.do;jsessionid=BD553EEC98EAF167806C6437009FFBE6?choice=ByUser&pageNo=1&userId=crusader
No comments:
Post a Comment