Legal Question in Criminal Law in India

Hi,

I am presently working abroad in IT company from Sep 2009 on work permit. My wife has register DVA on me in April 2008 and 498A in March 2010. Police register case against me, my parents, my married sister and one on my family friend.

Police arrested my parents and then my parents got bail after one day judicial custody, my sister and our family friend also got AB and my parents also attent first date in court and next they give in July 2010.

Now I have some questions because continusly we are getting warning from IO that if me don�t come back Inda then they will put my name in RCN List.

(1) Is I am elegible for applying AB as I am staying abroad? Can conditions be imposed in AB for offence u/s 498A and

406.

(2) What will happens if police put my name in RCN (Red Corner Notice)?

(3) Will I easly get AB from court or not?

(4) What problem I have to face if I came back to India?

(5) can any of my family members arrange AB before i land up in INDIA.

Thanks in Advance.

Regards


Asked on 2/25/11, 11:14 am

1 Answer from Attorneys
Sanjay Kalra Sanjay Kalra & Associates

The answers to your queries are as follows :-

1) Yes you are eligible for AB despite being abroad.Though you have to send a Vakalatnama sighed and attested by Indian High commission abroad in favour of your lawyer. The court may impose certain conditions too.

2) What are the allegation/accusations of your wife against you in the FIR then only i would be able to give my advice on RCN.

3)Again it depends on the allegations and the judge but i feel it should not be a problem to get

AB.

4) many problems but if you take precaution then you can avoid those usual problems.

5)Yes as mentioned herein above ,your family can arrange your AB before you land.

I think i have answered all your queries and if in case you need some clarification(s) ,Please feel free to ask me.

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Answered on 2/25/11, 9:38 pm


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