Legal Question in Family Law in India
my wife has filed the case of sec - 498 A .
we all [ me , my mother , father ,sister and brother in law ( sister's husband)] taken anticipatory bail
In police investigation I.O make me the accused and rest of four in column no 12
so only i submit my bail with bailer in the court.
Now case has started and on the first date court ask rest of four to get their bailer and file the bail bond
My sister is married before 11 yrs of marriage and living separately from us .
Police also has not find any proof against her
can we take stay on the order to file bail bond for my sister
Is it possible to submit self bail by giving FD from bank
Actually i can't ask my sister in laws to file the bail
and i'm also not able to find four persons to give bail
4 Answers from Attorneys
in this situation where there is no proof against the sister,you may approach the high court and get the f.i.r. quashed qua your sister. regarding the furnishing of surety for each accused, you lawyer may request the court for furnishing personal bond.
once you file a petition for quashing of .i.r., you may also move an application for stay of proceedings at the lower court and this way, you may evade furnishing of sureties in the present case. it is advisable to move the petition on behalf of all the accused so that the stay is granted against the f.i.r. instead of a particular accused.
Yes you you can file a petition for quashing and asking the court to stay the proceeding s against your relatives.
you can apply to the high court for quashing the case if there is no prove against your sister
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