498a Frequently Asked Questions - FAQ
Once imprisoned/remanded; Kids or no kids, never take her back. You will regret forever. The reason is - the next time she gets hurt or dies by a freak accident; then your a** is in jail. The Judge or Advocate who coerced you into a compromise will not go to jail for you. People will say "you deserve it" for taking the B* back.
Thursday, July 23, 2009
How women and lawyers negotiate/extort?
(In the context of false case booked under Section 498A of IPC). Original article can be read by clicking below links: Part 1-> Part 2. I thank you sir personally for such beautiful articles exposing this extortion racket and multi crore scam which everyone knows but acts like nothing is happening.
By B.N.GURURAJ, Advocate
In this narration,
CL stands for Civil Lawyer of the Accused person.
CRL stands for Criminal side Lawyer of the Accused person. OL stands for opposite side lawyer.
PP and APP stands for public prosecutor and Assistant public prosecutor respectively.
Petition for anticipator bail for patents
Having got the accused husband out of Jail, the next urgent task was to obtain anticipatory bail for the parents-in-law. On the Monday following the release of accused husband, the CRL and I worked at fevered pitch and filed a Criminal Miscellaneous Petition praying for anticipatory bail. For this purpose, the previous Saturday, I had spent almost entire day in the magistrate’s court trying to obtain a certified copy of the FIR, accompanying complaint and Bail order. I managed to get it by early evening that Saturday. This was enclosed along with copy of divorce petition already pending before the family court. The CRL knew the ropes. He, as usual, drafted the petition in the typing pool, got photocopies made, got the application and enclosures stitched and filed it in the filing counter of the court. Then he went to the section in charge of office which allocated the matters to different court halls as directed by the Principal City Civil and Sessions Judge. Tipping her with fifty buck note, he requested that matter must come up before particular court hall. This was at 1 O’clock. We waited until 3 O’clock. We went to that office and got the petition number and also found that our matter had been allotted to Fast Trace Court 7, which apparently had a reasonable judge.
Eventually, the petition copy arrived at the court through court peon and was called. After seeing that it was for anticipatory bail, the judge ordered the matter to be listed next Sunday for considering the objections of the PP. The CRL pleaded for shorter date. But, the judge helplessly told him “every day, even calling out matters and giving next date
takes entire fore noon. Where is time for hearing the matter? This matter cannot be heard before next Monday. Anyway, I can assure you that I shall hear the matter, if the objections have been filed by that date.
That was a loud hint to us to ensure that we persuade the PP to file his statement of objections on or before next Monday. We deferred this task by about four days, as the PP might forget the matter by that date.
Civil side of the case
This narration actually started from the middle of the story. The disputed started about year and a half after marriage when the accused husband complained to his parents that he cannot any longer live with the complainant-wife as the marriage has not been consummated, among many other discords between them. In the meantime, the accused husband was sent to USA by his employer. His wife visited him during this period, of course, at husband’s expense. Thereafter, the accused husband firmly made up his mind to file a divorce petition. For this purpose, a few months later, he visited India, engaged the CL and filed the petition before the Family Court, housed in a rather pompously named court complex known as “Temple of Justice” in Kannada.
Next year and a quarter was spent in the family court, trying to serve the process on the complainant wife. Eventually this was done, a counsel came on record, but no statement of objections was filed. At this juncture, one fine day, the learned Judge noted that the petitioner was not appearing before the court and directed that by next date, if the petitioner did not appear before the court, the divorce petition would be dismissed. It is under this circumstance that the accused husband visited India with fifteen days leave, solely for the purpose of participating in the proceeding. He had been assured by the CL that he would see to it that his evidence and cross examination were completed before this period. However, fate and the complainant wife willed otherwise. By the 9th day of his arrival, a false case of harassment for dowry was foisted not only on the husband but also on the parents-in-law. Rest of the story is already known to the readers.
String of adjournments leading to Mediation Centre
The Monday after the release of the accused-husband on bail, the matter came up for hearing. Prior to the false complaint, on two dates, the matter had come up before the Family Court. The complainant wife had skillfully avoided appearing before the court. On this Monday, in the forenoon, the complainant wife along with string of relatives and a clutch of OLs appeared in the court. However, as coincidence would have it, the regular judge was not available. Hence, the matter would be taken up by the in-charge judge in the afternoon, by 3.00 pm. When the accused-husband was ready before the court, the wife had, thorough her OL send a medical certificate, pleading sickness! Thus, the matter got adjourned to the Wednesday. This became a highly worrisome matter for the husband, who had been left with only another four days of leave to return to England.
It must be mentioned here that during the whole period between the period of arrest and this proceeding before the family court, the CL was inaccessible over mobile phone. However, his junior could reach him without fail. He skillfully kept himself out of our way. Even the issue of grant of bail had to be communicated to him after persistent effort. Between Monday and this Wednesday, all of us felt so depressed and desperate that we even considered changing the counsel. But, we could not think of another counsel who too would not play this hide and seek with the client. On this Wednesday morning, I accompanied the accused husband. In an angry mood, I had drafted a detailed affidavit, narrating the happenings of last four days, mainly pointing out that by trying to force a settlement through the police station, the complainant had interfered with the administration of justice, which was an act of contempt of court. This was sworn before notary and kept ready for filing before the Family Court if need be. However, as we were waiting for the court to start, first we learnt that the judge was not available, and the matters would come up before the in-charge judge who sat in the next court hall.
In order to ensure that the OL did not take another date from the Bench Clerk, I tipped him before hand and told him that the matter should not be adjourned but be placed before the judge. Having taken money, he did this. In the meantime, the OL approached me and asked what did we intend to do. He was the husband of the plump woman lawyer who did the extortionist talk in the police station. In the course of talk he as much as admitted that in most of these divorce cases, the fault lie with the girls, and hastily added that his comment was not on this particular case! In lighter mood, I told him to say this in the witness box! OL also blurted out that in some cases, he had settled the permanent alimony for as low as Rs.6.75 lakhs, and in another case, for Rs.10 lakhs, but in this case, the complainant wife was demanding far higher sum. However, as the events turned out, the CL and I did not capitalize on this piece of information.
At this stage, CL called and wanted to know what was happening. I told him that he must come to court and try to settle the dispute, as time available to the accused husband was not sufficient to protract the litigation. With considerable reluctance, he agreed, only after talking to the OL who was also willing to discuss. Some twenty minutes later, CL reached the family court. He asked accused husband, in case settlement were possible, what was the maximum sum of permanent alimony he could afford to pay. The husband candidly told him that he could afford to pay Rs.15 lakhs. This turned out to be a mistake. When the matter was eventually called by the in-charge judge, both the accused husband and complainant wife were present in the court. Their counsels told that the parties wanted to settle the matter by mediation. Hence, the court directed the matter to be listed for mediation on the next Monday, to be reported to the court, latest after another 45 days.
CL told us that even for mediation, it was necessary for the parties to agree on a sum of permanent alimony. The mediators would provide legal frame work for settlement, but would not be in a position to impose any particular figure as permanent alimony on the parties. Therefore, if all of us discussed and agreed on a sum, it was possible for the
mediation to be concluded on the very first day. This seemed like quite an optimistic situation.
We, i.e., OL, CL and I along with OL’s wife, found a quite corner in the mediation centre waiting room and discussed how best the matter could be settled. The OL’s wife shocked us by stating that the complainant wife wanted Rs.50 lakhs as permanent alimony and she would not accept even 5 paise less!
For all his reluctance to come to the court, the CL spoke quite skillfully, but for the mistake of straight away offering Rs.15 lakhs as permanent alimony. I thought that he ought to have started with 9 lakhs or 10 lakhs and yielded little by little to lead up to 15 lakh rupees. But, the arrow had been short and could not be retracted now. CL told the OL “It is not that we are unwilling to pay more. It is simply that your kind of demand is beyond the means available to the husband.”. OL’s wife said, “We know what kind of salary these engineers receive abroad. We believe that he is worth 5 to 6 crore rupees. Therefore our demand is reasonable!”
CL explained to her the impossibility of saving that kind of money within about two years that the husband had spent abroad. The accused husband had prepared a statement of affairs showing total receipts during the two years, his expenses, his savings, investments, and sums paid to and spent for the complainant wife. CL pointed out that even to offer Rs.15 lakhs, the husband would have to borrow another Rs.4 lakhs.
The OL’s wife went way to confer with the complainant wife and her mother. She returned few minutes later and said that the wife was willing to accept Rs.35 lakhs, and not a rupee less! Of course, paying such ransom was out of question for the reason that the husband simply did not have the means to pay. He also did not have any immovable or movable property in his name. Even the house was in his mother’s name. These facts of life were placed before the OL. Thus, more or less, the talk broke down. As we were walking out of the court complex, the OL approached with a last demand of Rs.30 lakhs. Since even this was unaffordable, we at least agreed that we should not shut out the matter and keep our options till the day of mediation, which was next Monday. On that note, we parted company.
Nuisance of weekly attendance at police station
The bail order of the court required the accused husband to appear before the police inspector and sign attendance every Sunday. CRL told us to purchase a 200 page note book and accompany him on the first Sunday to meet the ACP, which the accused husband did dutifully. By fortuitous coincidence, the ACP was not available. Therefore, both of them met the inspector. The book was given to the police inspector writing down the case number, name of the accused, and date of bail order. Thus, the accused had to purchase his own attendance book. The police department, enjoined with the duty of keeping attendance could not afford to maintain a register in a police station!
The consequence of failure to mark attendance was that the bail order would be cancelled, and the accused sent back to prison and JC. That was a prospect none of us could even dream of facing. Therefore, throughout the period, the accused husband diligently went to the police station every Sunday and marked attendance.
Accused husband’s efforts to save his job
Now, it was clear that there was no way the accused husband could return to his job. With a criminal case hanging over his head like a democlean sword, requiring his presence in the city indefinitely, the option of returning to England was absent. I thought that he could go to England and wind up his affairs and return to fight this matter out. Even to do this, the weekly attendance at the police station came in the way. He could not have travelled to England and returned to India within a span of six days between two Sundays, after concluding his affairs at England.
I spoke to CRL and explained the problem. I asked him to file an application before the magistrate praying for modification of the condition of weekly attendance. Alternatively, dispense with this condition for one week, so that the accused husband could stay in England for two weeks and conclude his affairs, bring back his savings.
CRL’s suggestion was incredible to say the least. He said, “I will take you to the ACP. He will adjust. He will allow the accused to mark attendance for next couple of weeks. During that period, your man can travel and return”. I told him, “look, the passport will have exit and entry date stamps. If he marks attendance for a date on which he is out of the country as per his own passport, he would be caught like a sitting duck!” The CRL’s reply was “who is going to check that? If you want your man to go abroad, you have to take risk!” According to him before efflux of at least four weeks, the court will not consider modification of bail conditions. Period. So much for the wisdom and smartness of a criminal side lawyer who has to defend his client.
However, the accused husband was made of stronger stuff. He did not consider the option of losing the job at all. Instead, he wrote to his employer placing all the cards on the table. He explained by e-mail that he had been trapped in a criminal case based on false complaint. He stated that he reasonably expected that further four week’s time would be sufficient for him to conclude both the matrimonial and criminal case and return to this job. He had about three week’s leave to his credit. The fourth week would have been leave without pay.
The firm he worked for was gracious enough to appreciate the tough predicament faced by their employee. Tentatively, they approved his leave absence, subject to final approval by the managing partner. Thus, the problem of saving the job had been postponed by four weeks. He could concentrate on the cases on hand to liberate himself. Within next few days, his leave of absence was confirmed. That worry was out of the way.
On the day when the matter was posted for mediation, a side show developed. The CL has a junior lawyer, who is in his late twenties or early thirties. According to another civil lawyer friend, this person was skilled in fleecing more money from the clients, than his own senior! This collection would be in addition to the payment of fee to the CL.
On that day, he talked to the OL for a few minutes and returned to me to inform, “sir, that OL is money-minded! I can make out that if right sum is offered to him, he will prevail upon the complainant to accept settlement for fifteen lakhs. It may be necessary to pay him another fifty thousand.” I told this junior “fifteen lakh rupees is quite a generous offer. None from the other side should be unhappy to accept it. If the OL can prevail upon his client to accept it, we don’t mind compensating OL.” For good measure I added “and you too!”
The junior lawyer huddled into conference with the OL. He returned about fifteen minutes later and confirmed that we would have to through the motion of mediation and he would persuade his client to accept the offer of fifteen lakhs. As readers would recall, the last demand of the complainant wife was Rs.30 lakhs. The gap between our offer and their demand was far too wide to be bridged. However, with this work done through the second channel, I felt that negotiation before the mediator would be concluded on Monday.
Meeting the PP of sessions court
Next day, late evening the CRL called me and complained at length about his not getting paid for filing of anticipatory bail application. He also made much show about my not joining him to meet the PP in the Sessions Court. “It is now too late in the day to do so. You should have approached me much earlier.” By now, I had realized that this was his usual style of talking, always blaming the client for real or imaginary faults. This was to get worse, with every passing day. I asked him, “could we meet the PP on Friday?” He pompously replied that he was busy on Friday and had to appear in several courts including High Court. I persisted, “Can I come to High Court around 1 O’clock and pick you up?” He agreed with much reluctance: “alright, you present yourself at High Court by 1 O’clock. During the recess period of one hour between 1.30 pm and 2.30 pm, we will go to sessions court from High Court and try to meet the PP.”
I found the CRL near the court hall of High Court where criminal petitions were heard. The court hall was too crowded. CRL’s matter was 60th in the cause list. At that time, 31st matter was being heard. So, the CRL took me to the next court hall, which was vacant. As soon as we sat there, the first task I did was to pay him another 10K. I told him, “On the day you filed the Cmisc petition, I was not carrying sufficient money. Here is part of your fee.” He beamed broadly and took the money. Thereafter, he was very cordial. Thus, I found that his grumpiness was on account of not getting paid then and there!
We waited till about 1.20 pm. The cause list stopped at 44th matter. Therefore, CRL felt that we could safely go to sessions court which was about one kilometer away, in my car,
and return in time for the afternoon session of the High Court. We left for the Sessions Court. When we reached there, we found the PP still in the court hall. The court would raise for recess at 2.00 pm. We patiently waited. CRL told me to keep a thousand rupee note ready and handy, which I did.
When the PP came out of the court and entered his chamber next door to the court hall, we also followed him and occupied the visitor’s chairs before him. He gave us an interrogative look. The CRL told him “On Monday, a Cmisc is coming up for anticipatory bail.” He paused at this stage and told me to handover thousand rupees to PP, which I did. The PP pocketed it without even a glance at me and without any break in the conversation with the CRL! PP asked the petitioner’s name, name of police station. He located the petition copy served on him. CRL requested him, “the court has agreed to hear arguments on Monday itself, if you can file objections on Monday”. The PP agreed to do so. CRL further requested PP to make a note of the Cmisc number. The PP airily replied, “don’t worry. Once you have told me, I will take care of it!”. With that, we were dismissed and returned to the High Court in another fifteen minutes. I dropped the CRL at the High Court and returned to my office. Before parting, the CRL told me to be present at the Sessions Court on Monday by 1.00 pm itself.
Sessions hearing and drama at mediation centre
On Monday morning, I kept on trying for the CL. But as usual, he was inaccessible. Since CRL wanted me to be present at the Sessions Court for argument of anticipatory bail application, I could not also be present at the mediation centre on Monday, which was also fixed at 3.00 pm. Eventually, when I managed to get him on the phone at 1.00 pm, I requested him to appear for the mediation, as I would be away at the Sessions Court. But, the CL refused to continue the conversation on the ground that he was in the middle of some discussion or argument! The lack of commitment for the client’s cause was absolutely shocking. After an hour, he called and told me that his junior would accompany the accused husband at the mediation centre. Knowing his proficiency and abilities, I knew that until I returned to the mediation centre, the accused husband would be a lone lamb amongst wolves. This junior was too dumb to contribute meaningfully to the mediation process.
I waited for the CRL at sessions court. He turned up at around 1.30 pm. He was coming from some other court. I did some running around with him, as he did some follow up on an execution petition filed by him saw some of the dungeons of the court complex which passed for the offices of the courts. In the meantime, a young man approached the CRL with a request to file anticipatory bail application on behalf of some persons, who were facing recovery proceedings from a bank. Apparently, the debt had been decreed by the Debt Recovery Tribunal. For failing to comply with recovery notice, they must have been facing the threat of criminal proceedings. The CRL heard him for a couple of minutes and told him, “Yours is not a case where an FIR has been filed. Therefore, you cannot approach the Sessions court for anticipatory bail. Go and request the branch manager for some time”. With that, he dismissed that prospective client.
We sat in my car, which was parked in a tree shade and shared the lunch I had brought. By 2.40 pm, we returned to the court hall. Within about ten minutes after three, our matter was called. The PP promptly said “I am filing objections!”. He handed over a copy of statement of objections to the court clerk and did nothing more. The judge heard the CRL’s arguments. Sum and substance of the argument was that the complaint under Section 498A had been filed during the pendency of petition for divorce for over year and a quarter. The complaint was retaliation for this divorce petition. That the complaint was false, as the husband was not present in India to make demands, nor did the complainant wife lived in her matrimonial home for over year and a half. The complaint was based on improbabilities and stale facts. The CRL also took the judge through case laws he relied on, especially a constitutional bench decision in a 1980s case, wherein, the Court had set rather liberal guidelines for granting anticipatory bail. The judge impassively heard the arguments. After hearing the arguments, the judge cryptically said, “for orders on next Monday”.
I had no experience in the Sessions Court. Just as the magistrate had dictated the bail order in the open court immediately after the argument, I expected the Sessions Judge to do so upon conclusion of the arguments. This meant that the parents in law would have to remain in exile for at least another ten days, assuming that the order would be pronounced on next Monday granting anticipatory bail, and we would be able to get certified copy of the order, the next day. I was dejected. The CRL and another elderly advocate explained to me, “Even the courts are worried about being attributed oblique motive, if they pronounce the order immediately. Hence, the delay.”
With that, we left the court complex. The CRL had to return to his office-cum-home. He wanted me to drop him at my place, from where he could go by autorickshaw. On the way back, I explained to CRL the anxieties of the parents-in-law, the fact that the accused husband’s sister was in the family way, how, because of threat of harassment by the police, the family had splintered and dispersed. The CRL’s response was typical of a lawyer who cared about his case and fee. “What can be done? The case will proceed and your people would have to attend the court regularly!” I told him caustically, “As a counsel, it is easy for you and me to expect litigants to regularly attend court. You must appreciate the client’s concern. None would want to come to the criminal courts, stand amidst criminals, pimps and prostitutes and stand in the box of the accused. None would want to go to court as a litigant, and as a patient to a hospital!” That must have hit the target. He kept quite thereafter.
Having come so near he stepped into my office, saw my library, met my chamber colleague, shared a cup of tea and then left. Thereafter, I called the accused husband, who must have been facing heavy artillery in the mediation centre. When he spoke, the desperation and anxiety were evident in his voice. He told me, “It is better if you come. These people are playing acting all kinds of drama.” With that message, I left for the family court complex, which also housed the mediation centre.
In the mediation centre, which occupied the ground floor of the court complex, there are nearly a dozen mediation rooms. I located the room where our case was in progress. The
mediator was a handsome man in his early forties. I stepped in and introduced myself as the accused husband’s relative and told him that since his parents were away, I wanted to accompany him. The CL’s crafty junior was sitting next to the accused husband.
The mediator explained to me that the complainant wife had been demanding Rs.30 lakhs as permanent alimony. Whereas, the husband had offered Rs.17.5 lakhs. I was bewildered. According to my last information, the offer was Rs.15 lakhs. According to the assurance of the CL’s junior, the opposite side was expected to accept this offer. I raised this question. Then, the junior explained to me. Apparently, the CL, in a bid to settle the matter had unilaterally offered Rs.17.5 lakhs, with the confidence that he could persuade the accused husband to pay the sum! To me this seemed rank recklessness. I told the mediator, “according to our information on the previous occasion, we had been told that the opposite side would accept our offer of 15 lakhs, which is now hiked to 17.5 lakhs. If the gap was known to be as wide as another 15 lakhs, we would not even have considered mediation. There is just no way can the accused husband manage to meet that kind of demand. Even to pay Rs.15 lakhs, he still has to borrow another four lakhs”. I drew his attention to the statement of affairs drawn up by the accused husband.
At this, the plump woman lawyer, the wife of OL jumped to her feet, “You are making allegations against us! We have never agreed to 15 lakhs or 17.5 lakhs. You are trying to bring between us and the party!” I bluntly told her “Think whatever you like. The fact remains that on the previous occasion, your side clearly indicated that it was possible to settle the matter for 15 lakhs. I am not changing my statement”. At this stage, the CL’s junior squirmed in his seat, fearing that I might reveal his little conversation.
The woman lawyer told the mediator contemptuously, “He is after all a relative. He has no business to interfere!” I told her, “Mediation is meant for parties and family members. It is not meant for lawyers”. I was in counsel’s dress at that time.
The mediator, quite an affable man, helped clam the tempers. At this stage, the complainant wife opened her mouth and revealed the degree of her greed. “If these people have no money to pay, let write their house in my name!” I was astounded to hear this. Since I did not want to escalate the tempers by saying something sharp, I told the mediator, “This is a reckless demand. The house the accused lives in belongs to his mother. Accused husband does not own any movable property or immovable property. Other side cannot make this kind of baseless demand.” The wife muttered something about the family being boastful about their wealth and living beyond their means. I told the mediator that such baseless and wild assertions cannot be taken into consideration for settling the dispute between the parties.
The complainant wife once again started the melodrama about joining the marital home, that she wanted to lead peaceful life with husband. But, she did not want to live with her in laws as she feared for her life. She wanted her husband to set up separate family. I firmly told the mediator that living together again was not at all an option, not after the humiliation faced by the family at the hands of the complainant wife by being arrested
and sent to jail. If that was the main demand, this mediation would serve no purpose at all. I wondered how this educated wife did not appreciate her own contradictions. On the date of arrest, she told the police inspector to let off her in-laws and arrest the husband, as though she thought that the in-laws were angels and the husband a demon. Now, she was willing to live with this diabolical husband, but feared for life if she had to live under the same roof with the in-laws! But, then for someone whose judgment and intelligence are clouded by greed, logic is highly inconvenient.
I told the mediator and the other side lawyer, “At present, the husband is not earning any money. If the matter is delayed, his savings would also dwindle and there would be no significant money left for paying permanent alimony. No court can award alimony which is beyond the means of the petitioner in a divorce case.”
The complainant wife again asserted stridently, “I too have to look after my handicapped father. I do not have a project now. I am on the Bench. What should I do for future, if I accept their paltry offer? I cannot accept anything less than Rs. 30 lakhs!”. It was evident that she wanted this opportunity to solve all her life’s problems forever, a mercenary approach if there was ever one.
The mediator explained to the accused husband that he will consider the matter once again on Thursday, and in the meantime, both parties could find a meeting ground. He advised the accused husband that if he could conclude the matter by settlement, he could return to his job within next couple of weeks, as the conclusion of civil case would also mean that criminal proceeding can also be closed. That would be a part of mediation agreement. On that note, we left the mediation centre.
The accused husband was feeling very depressed. The adamancy displayed by the opposite side worried me too. If the demand remains beyond the means of the husband, there can be no conclusion of civil and criminal proceedings within four weeks. That would mean loss of job for the husband. How long can a person live on savings, and meet the expenses of litigation in two courts? Unfortunately, even his parents were not at hand to console him. They had to remain in exile until the anticipatory bail order was obtained.
Husband ready to throw in towel
That night and next day, we discussed the situation at home. The husband was feeling desperate to save his job. He blurted, “I am ready to borrow from my friends abroad. I can repay them within a few months, when I return to the job. I am prepared to pay 25 lakh rupees”. Since he had already booked his return journey to England, travel would not be a problem, even after he paid this king’s ransom. But, he would be left with no money at all, not to speak of his family. But, his reasoning was, it was better to sacrifice the savings, rather than job. Savings could be built up, but job could not be found so readily.
That decided, we contracted the CL. After playing the usual elusive game, he spoke to us. He said, ‘You need not pay 25 lakh rupees. I will speak to the OL and settle the matter at Rs. 20 lakhs.” He sounded very confident.
Matter settled at mediation centre
On Thursday morning, the CL called me and told me that he had spoken to CL and told him “I am telling my client to make a final offer of Rs.20 lakhs. If your client does not accept it, you may do whatever you like. I will not participate in the negotiation.” I wondered what kind of ultimatum was this. If he did not participate in the mediation, it would be no skin off the nose of the opposite side! We would be constrained to take help of another counsel or plunge further on our own. The CL continued, “This threat has worked! OL called me a short while back, and has confirmed that his client has accepted the final offer of Rs.20 lakhs”. At last, there seemed to be some light at the end of the tunnel. I informed the accused husband about this development. He was smarter. Anticipating such development, he had already mobilized money, and transferred money from his foreign account to Indian account. He said, he could issue a crossed cheque for that sum!
In the afternoon, well before 3.00 pm, I was present at the mediation centre along with accused husband. I saw the notice board and noted that our mediation case was listed. A little while later, the complainant wife and her relations turned up as also their counsels. As usual, our CL did not turn up. Though it was 3 O’clock, even the mediator had not yet appeared. I contacted the CL. He told me “I am at Revenue Court. I will come in another twenty minutes. That time passed. I called him again. But he was inaccessible. In the meantime, the mediator appeared. Both sides went to him. I told him that our counsel would be slightly delayed, but would surely come. We waited upto 4 O’clock and there was no sign of CL. I began to wonder whether this would result in slip between the cup and the lip on account of the counsel playing truant.
The mediator, sensing my anxiety told us that we could finalise the details of settlement and commence drafting the mediation agreement-cum-petition which would be presented to the family court. It had to be signed by both the parties and their counsels. Once the details of settlement were known, he could dictate the document so as to save time. We agreed to this sensible suggestion and met in a mediation room.
We were in agreement that the husband would pay the permanent alimony in full and final settlement of all claims and neither side would stake any claim against the other in future; that they would not interfere with each other in future; that divorce would be by consent of the party; that the criminal case commenced against the husband would be withdrawn. The other side added one more element “petitioner husband must withdraw all the allegations made in the divorce petition”. After conferring with the accused husband, I told the mediator that we had no dispute about withdrawing the allegations in the petition. Next, the other side wanted the money partly in cash. This I flatly refused. I firmly told that the cheque number, bank name, amount, and date must appear in the mediation agreement for the entire sum. Further, we did not want to run the risk of
drawing and transporting cash. The other side did not persist with this demand. Next, there was some discrepancy in the name of complainant wife in the petition and in her bank account. It was agreed that mediation agreement would record the name in which the cheque was issued as abundant measure of caution. The accused husband wrote out the cheque for Rs.20 lakhs and gave it to the mediator.
Before leaving the mediation room, he mediator asked the complainant wife, whether she was satisfied with the settlement. He reasonably expected that at least out of politeness he would get a positive answer. But, her answer was a firm NO!
We again retired to our corners of the boxing room called mediation centre. At this stage, the CL made his grand entrance. We were waiting in the porch of the mediation centre in that rainy late afternoon. I took him to waiting room and explained the terms of settlement. Then I took him to mediator who was in a secretary’s room, dictating the mediation petition – cum – agreement. Short while later, after the draft was ready, we met again in the mediation room. Both sides read the draft checking each detail carefully. Thereafter, lawyers of both sides as well as the husband and wife signed the mediation agreement.
I asked how the criminal case would be solved. The mediator and the OL told us that soon after the divorce judgment, the complainant wife would appear in the magistrate court and withdraw the criminal petition. I looked for confirmation from the CL. He also agreed that this was possible. Since I was not certain of the procedure for withdrawing the case in a cognizable offence, I deferred to his wisdom. This was soon to become a major problem
The mediator gave it to the centre staff to affix seals, made copies and give one copy to each party. He called for the court’s case file, and wrote an order directing the matter to be placed before the Family Court on next Monday, for passing the judgment of divorce. On that note, we left the court complex, feeling satisfied that at least the civil side of the crisis was about to get settled.
You might also like:
During day of arrest & bail proceedings what happens?
Most Asked Questions - court procedure/terms.
498a Arrest - New Amendment Interpretation/Directions by UP HC
Right to Bail In India -
How to fight False Allegations ?
Posted by Amicus Curiae at 11:35 PM
Labels: 498A, 498a andhra pradesh, Dowry, dowry law, extort, free, harassed husband,
harassment, husband, india, IPC 498A, legal terrorism, matrimonial, negotiation, scam,
Section 498(A), shaadi, wedding
yodhaDecember 19, 2009 4:48 PM
>>I asked how the criminal case would be solved. The mediator and the OL told us that soon after the divorce judgment, the complainant wife would appear in the magistrate court and withdraw the criminal petition. I looked for confirmation from the CL. He also agreed that this was possible. Since I was not certain of the procedure for withdrawing the case in a cognizable offence, I deferred to his wisdom. This was soon to become a major problem
Wisdom in lawyers?... i have been searching for it :-) But very well written narrative ...
AnonymousJanuary 6, 2010 9:40 AM
The questions " How criminal case will be solved by civil setlement?.". The criminal case will be solved when FIR is closed. To close the FIR the person accused must be aquitted or the cases are quashed on wife's claim that the
criminal charges are withdrawn or false. The criminal cases are accused VS state. It can be run by state without the wife's involvement. When wife gives oath under the magistrate that she will not be a witness for this case then it makes state police very difficult to proove the guilty on the hubby. So police has limited evidence against the hubby and will end up closing the case as a mistake.
The question ....
What is the wife died by suicide?. Can it be done by settlement?. Actually NO. Because the evidence of offence is stong and State Police can close the FIR only if they can prove it is a natural death.
So the wise thing before handing over money is "To make the FIR closed on Wife's affidavit".
Dude,i really understand the problem of yours ,because very recently in this month august 11 i became a victim of 498A and my case is almost 95% same to your case,in my case too , wife did not live with me since marriage day and its been one and half years and she came along with her father to live with me and made a huge drama and filed 498A case and left. the situation is both of us live in different states , i live in karnataka and she lives in Orissa and both of us are working in same BANK at same rank. and after filing case they immediately left the state and used the FIR copy as a basis of re-transfer back to her state(orissa). as in Bank gals get transfer on spouse policy and she got relieved after one year of receiving orders from bank and came , in intention to create scene to go back and file case. Then i arranged anticipatory bail,lived in exile for 21 days and parents got too and my parents live in another state UTTAR PRadesh. now the hearing has not started but the gal's parents have asked for some sort of reconciliation or negotiation. what to do advise me please..
Reply Load more...
Newer PostOlder PostHome
Subscribe to: Post Comments (Atom)
Chicago Daily Herald - Sun City shines light on domestic violence
The institution of marriage itself is gradually being put to test in contemporary Indian society with IPC 498A kind of laws, more so in urban pockets. More couples than before are opting not to tie the knot, preferring to simply live together instead. Cohabitation is common in a small number of advanced societies, some of which - like the Scandinavian countries - give live-in couples the same rights as those who are legally wed.
Marriage, therefore, is often a mere formality, or a matter of choice, in such societies. However, the reality in India is different. Due to a combination of social and religious factors, as well as the absence of safety nets and welfare, marriage is still an institution that is preferred over any other form of union. It is the fundamental relationship around which families are built and lend stability to social structures in India.
That said, it is crucial that we recognise the changes that are taking place. Instead of ruing the loss of old values, we would be better off gearing up for new realities. That includes updating our laws and social attitudes.
Add not fire to fire.
Do not throw the arrow that will return against you. Beggars can never be bankrupt.
You can bear with your own faults, and why not a fault in your wife/husband? Better an egg today than a hen tomorrow.
The child who gets a stepmother also gets a stepfather. Where there is dowry there is danger.
Anger can be an expensive luxury.
The bachelors crave to get married, and the married ones regret why he got married.
O daughter, I’m telling you. O daughter-in-law, listen to this…..
Pray one hour before going to war, two hours before going to sea, and three hours before getting married.
Even the moon has spots. It takes time to save time.
Comment is free but facts are on expenses.
It is wise to keep in mind that neither success nor failure is ever final. Readers are plentiful, thinkers are rare.
It is not whether you get knocked down; it is whether you get up again. There are times when silence has the loudest voice.
Do not wait for success, go ahead without it.
One does not learn anything that one does not love.
When there is no enemy within, the enemies outside can not hurt you. Do not look where you fell, but where you slipped.
To know the road ahead, ask those coming back. If you bow at all, bow low.
The day you decide to do it is your lucky day. Proof rather than argument.
Where you cannot climb over, you must creep under. Faults are thick where love is thin.
It is harder to kill a whisper than even a shouted calumny.
BE THOU AS CHASTE AS ICE, AS PURE AS SNOW, THOU SHALT NOT ESCAPE CALUMNY.
Search This Blog
498A arrest after amendment of cr.p.c - s.41 Warrant MUST for arrest in IPC 498A How to get Anticipatory Bail ?
How wife-lawyers negotiate/extorts money ? From 50 lakhs to 20 lakhs. How to fight False Allegations ?
How to withdraw/compound IPC 498a?
What happens after wife complains-arrest-bail proceedings ? When to file for FIR Quash ?
What is 498a procedure (Step by Step) ? How to Crack 498A case ?
Do I need to appear personally ?
How to fight maintenance case Cr.P.C 125 ? Do I file for Divorce or Not ?
AP Family Court Rules What is bail procedure ? Right to Bail In India How to file perjury case ? When to file defamation ?
What to do if your wife is threatening you with false dowry law ? FIL or MIL is a Government Employee/s ?
Legal analysis of what you can expect of this 498A law ? Can I give POA for divorce ?
What is Electronic Evidence ? Can E-Mail be used as Evidence ? How to file RTI if you are an NRI ?
Can women be charged under PWDVA ? How to dismiss impotency allegations ? Can your ex file PWDVA after filing 498a ? AP HIGH COURT JUDGMENTS
IMPORTANT JUDGMENTS !!!
What to do after chargesheet (final report by police) ? What to do if my EX is not attending court ?
Reasons women file 498A? Do you need one? IS GIVING DOWRY A CRIME ?
How to file 498a ? (crash course for women) What are Hyderabad Police Orders to arrest ? Andhra Pradesh Dowry Circulars
How to file visitation rights ?
What to do when girl files false streedhan list ?
How to obtain certified copies of case file from court ?
Multiple Maintenance Cases, 24 of HMA and 125 Cr.P.C/DV? Framing of charges ?
Do you have right to Speedy Trial ?
Getting Passport out of trial court as conditional bail ? How to file temporary restraining order ?
How to file discharge in trial court ? How to get proof-of-income-of-fil/mil/bil ? How to get PAN of FIL/MIL in govt sector?
How to get SMS/Phone records from Service providers ? How to get info from private entity?
What to do if Police not investigating and arrogant? Can DV Petitioner be cross examined by respondent ? How to file DVC Quash ?
Marriage jokes/Notable truths. Why Interpol stop issuing RCN's? Addresses and Websites
Beware. The next scuttlebutt for the Indian Male - False rape cases by Maid Servants or Domestic help. Bill was recently stalled in Parliament @ winter session 2011. Its a clause in the Sexual Harassment Bill.
The modus operandi is that the Maid Servants search for used condoms in the trash and wipe them on to their saree. What happens next is obvious and predictable.
"Wives who have gone to the police and publicly invoked the criminal process and accused somebody of a serious crime such as dowry harassment must be identified." Moreover: "In this country there is no such thing and should not be such a thing as anonymous accusation with face covered and husbands photos flashing on TV. If your name is in court it is a logical extension that it should be printed in the media. How can you publish the name of the presumptively innocent accused but not the name of the accuser wife or show her face?"
View my complete profile
IPC 498a is depriving many young children of a happy childhood, many youth of productive careers and many senior citizens of mental peace in the last leg of their lives. A woman misusing IPC 498a and PWDVA should be at the minimum be prosecuted for perjury and harassment, denied maintenance, lose custody of children, penalised, put under probation act & divorce automatically granted. This blogger states that some of the material is sourced from and links are provided therefor from third party websites, as you know - this is a fight for justice and not for any financial gains or commercial benefits. Where the idea has originated from such third party, it is a total credit to them for their endeavor, research and on the negative side their negligence, slander etc. This blogger takes no responsibility.
498a Frequently Asked Questions - FAQ
Once imprisoned/remanded; Kids or no kids, never take her back. You will regret forever. The reason is - the next time she gets hurt or dies by a freak accident; then your a** is in jail. The Judge or Advocate who coerced you into a compromise will not go to jail for you. People will say "you deserve it" for taking the B* back.
During day of arrest & bail proceedings what happens?
Please see original article at his blog which is written with amazing clarity and wit. Truly eye-popping. This man is god for me because I could not describe what I had gone through but he explained in detail what the matter was. Hence, I salute him and my regards for him. Here is the link: " http://gururajbn.blogspot.com/2009/07/some-specimens-of-nobel-and-learned.html".
Monday, July 20, 2009 :Some Specimens of the Nobel and Learned Profession
(In the context of false case booked under Section 498A of IPC)
By B.N.GURURAJ, Advocate
This paper is the sequel to the blog I have written
about abuse of Section 498A of IPC, which was originally intended to put the scare of God into the husband and In-laws who harassed the daughters-in-law and their maternal family for dowry and other demands. What this provision has come down to in the hands of unscrupulous married women, wily lawyers and corrupt policemen, I have given a fairly detailed account in that blog. Now, you must know how the matters are
complicated by the lawyers who connive with complainant in filing false complaint, not to speak of callous attitude and ineptness of the lawyers who have to defend the accused. I shall give blow by blow account of specific scenes. In this narration,
CL stands for Civil Lawyer of the Accused person.
CRL stands for Criminal side Lawyer of the Accused person. OL stands for opposite side lawyer.
Day of arrest
Typically, the police sent for the parents of the husband and kept them in the police station. The parents were told to get their son to the police station. The implicit message was that they would not be allowed to go home until the son reported to the station. As an instinctive reaction, the near relations of the husband and parents contacted the CL for guidance in the matter, a person with over four decades standing in the profession. He said he would send the CRL to the police station, though it would take some time for the CRL to reach.
At around 7.00 pm, the son reached the police station. Even by 7.30 pm CRL did not reach the police station. Frantic relatives contacted CL and asked him where is the CRL. Then the CL casually said that I will call him over the phone!
in mufti, with a mobile phone stuck to her ears was strutting around in the police station. A little later, the complainant wife joined her. They were seated in the chamber of the woman police inspector. Then the parents and husband were summoned. The woman lawyer asked “What is the figure you have in mind?”. The husband was baffled not knowing what figure he should think of. I was summoned into the chamber as the near relative of the accused persons. The lawyer spoke again impatiently, “name a figure, the matter will be settled”. Thereafter, some blame game ensued. Again the woman lawyer spoke “decide quickly. No one has time!” as though she were about to catch a flight. All the time, the police inspector paid little attention to the goings on and went busily about her work. Suddenly she barked: “Are you through or not? If not I will arrest these persons!”. I told the woman lawyer “You cannot use police station to force a settlement. This is a civil matter to be decided by the family court, where the divorce petition is pending.” “That is different, this is different. If he does not agree to settle, he will be arrested.” The husband refused to yield. The woman police inspector asked “Who should I arrest”. The complainant wife magnanimously said “don’t arrest my in-laws, but arrest this husband!”. Within next few minutes, the Police Inspector completed the arrest formalities. An arrest memo was given to me within few minutes informing me that the husband had been arrested under Section 498A (dowry harassment), 506 (criminal intimidation) read with Section 34 (common intention) and Section 4 of Dowry
Prohibition Act. For good measure, this memo stated that since it was too late to produce the accused before the magistrate, the accused would be produced in the court next day. That meant that the husband would spend the night in some police station.
At this stage, which was around 8.00 pm, there was commotion outside the police
statements have you taken? Where is the investigation?” That was the CRL, a plump middle aged man in late fifties, barged into the Police Inspector’s chamber and
questioned how could she arrest the husband without investigation. The police inspector screamed back hysterically “we don’t care! As soon as we receive a complaint, we are bound to take steps to arrest!” CRL shouted back, “I know your Commissioner. I shall report the matter to him by next evening. I have contact with media. I will expose your malpractices. We will tell court how casually you have acted without investigation, based on stale facts. You will be chastasised (sic) by the courts!”
Amidst this commotion, I introduced myself to the CRL and told him that I was related to the arrested person and also a practicing lawyer. CRL gave me a cavalier look and told me “you people don’t know law! You should not have come here without a lawyer. Now, see what has happened.” I told him rather humbly, “look, we had called CL. He was supposed to have called you at 6.30 pm. But, he called you only after 7.30. In the meantime, the accused persons had no choice but to come here”. “Oh, that CL! What does he know about criminal law!” He asked me to join him to go to next building, where the ACP, the boss of this station would sit. Unfortunately, he was not available. CRL called him over phone and told him of the arrest without investigation. The ACP took some to revert back, with the predictable answer that if we had contacted him before arrest, he could have done something. Now, he was helpless.
Since the station was an all women’s police station, keeping a male prisoner would offend the modesty of police women. Hence, the arrested husband was shifted to another nearby police station, who refused to take him in on jurisdictional ground. Finally, he was taken to another police station. The husband was subjected to a thorough search. All the valuables were collected and given back to the parents who had chased him to this destination station. Parents were told that they could supply some food to the accused, who was to spend the night, until taken back to the all women’s police station.
In the meantime, I spoke to CL and told him of what had happened. He took it very casually. “These things will happen. It can’t be helped. What will the police do? They are not going to kill him! Your person has also made mistakes. He should not have come to India. He should have abandoned the divorce petition and stayed abroad!” These were the words from the very lawyer, who wanted the accused husband to present himself before the family court, so that evidence and cross-examination could be completed! He did not think that he as the counsel with four decades of experience, had a duty to anticipate such developments and advise the client suitably. It gradually emerged that the CL was
clueless about criminal proceedings. He told me “Let the CRL handle the bail matter tomorrow. Tomorrow morning, go to my office, collect a copy of divorce petition along with enclosures and give it to CRL. He will need it for moving bail application.” With that piece of advise, all of us, rather dejectedly, retired for the night, leaving the accused husband to brave it out in the police station along with street thugs, and petty thieves. In the meantime, I had called the CRL and requested him to handle the matter of getting bail for the accused husband. He told me to bring copies of house property deed so as to give surety to the accused, as a condition of bail.
*********************************************** Bail application moved
Next morning, after collecting the divorce petition copy from CL’s office, I waited for CRL at the City Civil Court which also houses the Sessions Courts. CRL had given me clear instructions to contact him after 11 O’clock, which I dutifully did. He told me to join him in the court library, where he was doing case law research. In the meantime, I had found Suresh Nanda case, which had held that except the passport authorities, none, including the courts could seize the passport. I was very anxious that under any
circumstance, the husband must not be deprived of his passport, which was indeed passport to his job and freedom. I gave this decision copy to CRL. He was apparently unaware of this decision. He condescended to accept the decision from and told me to locate the citation in the Criminal Law Journal, which I dutifully did. After selecting some decisions, CRL gave it to the library attendant, and told him to get two photocopies each, for which I paid.
We next went to the typing pool. CRL selected a typist with computer and commenced dictation of bail application. The CRL did a fairly articulate and competent job of dictating the bail application, got it printed. I paid the typist. Next we got the application photocopied, for service of one copy to the Assistant Public Prosecutor, without the enclosure of divorce petition. Thereafter, we went out to a lean-to shelter, where a middle aged person sat whose sole job was to stitch the applications, plaints, and petitions for advocates. He expertly did a tidy job and charged a modest sum of Rs.30 for that. Then the CRL asked me whether I would mind walking with him to the magistrates’ court which was about a kilometer away. I did not mind, and we walked together.
In the meantime, the anxious parents, who had spent sleepless night had come to magistrate court complex with photocopies of property documents. The house property was in the mother’s name, who was willing to give surety for bail. In the morning, these people along with their son-in-law had gone to the police station to ensure that the accused husband was provided some breakfast and was reasonably comfortable in the station. By that time, he had been brought back to the all-women’s’ police station. Now, the CRL saw the photocopies of property documents and asked “where are the originals?” Of course, he hadn’t told that originals were required and these had not been brought. The father rushed back to his house to fetch these originals. The CRL went to the typing pool again and dictated a surety affidavit on behalf of mother declaring
willingness to stand as surety for the accused husband. By this time, it was 1.00 p.m., and the father returned with original documents. We got these photocopies, and got the copies and affidavit notarized and were now ready to file the bail application in the court as soon as the accused husband was produced in before the magistrate. But, there was another important detail to be attended. That was about the Assistant Public Prosecutor. In any criminal proceeding where the State is the complainant, it is represented by the public prosecutor, or assistant public prosecutor. In matters where the offences are bailable, bail is granted as a matter of routine subject to the accused giving personal bond and surety, or security.
In non-bailable offences, such as the one
under Section 498A, section 437 of the Cr.P.C provides
that no court shall grant bail unless the PP has the
opportunity to oppose the bail application.Therefore, we had to request the APP in this court to file his objections on the same day, so that the magistrate could consider the objections and release the accused husband on bail. We went to the APP’s office, armed with couple of notes of one thousand.
When the CRL asked the APP for this favour, he, an aging, balding and slimy character proclaimed his uncompromising sterling character: “I have never done it for any one, nor will I do it now!” The persistent requests from me and CRL fell on deaf ears. “How can I do that now, when I have not filed objections on the same day for any other case?” He added, “I don’t want money. My children are earning well. You come and sit in PP’s chair for a day. You will know the heat!”
We came out of his office. The CRL asked some court staff for solution. He was advised: go to so and so, who is an office bearer of advocates’ association. If he puts in a word, APP will definitely agree. The CRL and I went in search of this office bearer. After searching through dozen court halls and the association lounge, we located him. He was of course willing to help and accompanied us to the APP’s office. He told the APP, “Look, two senior counsels are here with a request for small favour. You need not do anything out of the way. Just file the objections today itself”. The APP objected, “you should know, in your own case where a CA was the accused, I did not do it, he went to Judicial Custody for a day. How can you ask me to do it now?”. The office bearer said, “That’s alright. What you did to me is different. Now oblige them!”. He discreetly told us to slip the APP three thousand rupee notes. The APP vehemently protested, but
nevertheless accepted the money!
This done, the CRL and I went to the court’s bench clerk though whom the bail
application and surety affidavit would be placed before the court. We tipped him suitably and told him of our anxiety to obtain bail on the same day. He rather airily replied, “Don’t you know the practice of this magistrate? None is granted bail on the same day in non-bailable offences. At least for one day, the accused will be sent to JC (judicial
custody). Even if the APP files objections, this magistrate won’t consider it the same day. Cases under Section 498A are explosive. If the court hastily grants bail, even the court fears that it might be accused of leaning in favour of the accused!” With that, my heart sank. The accused husband was destined to spend a night and next day in the hell called Parappana Agrahara Central Jail. I gave the bad news to the parents and the accused, who had, by now been brought to the court. I think, I merely added to their misery by
In the meantime, CRL was searching in the court’s Pending Branch for the copy of the First Information Report. After a short while, we rushed to me in near panic and told me, “come and see the FIR and complaint! That woman has said all sorts of things against the husband and in-laws.” I read the FIR and complaint which was with the Section head of the Pending Branch. The in-laws and husband had been accused of harassing her for
dowry of Rs.2 lakhs to buy immovable property (I wonder where would one get
immovable property for this princely sum in Bangalore?), treated her like animal, did not care whether she had food or not, that they physically and mentally tortured her. That they were influential people and could harm her including threat to her life and they had to be proceeded against in accordance with law. In the complaint and FIR, even the parents had been named as accused persons.
The vehemence of language in the complaint and the string of lies shocked me. I knew from personal knowledge that her mother-in-law would deliver food plate to wherever the complainant sat, when she returned home from work. I also knew that the complainant would leave the food standing for long time, thereafter reject it as cold or stale. But that was besides the point. The immediate concern were two fold: one, being accused, the mother could no longer stand as surety for the accused; two, being the accused, the parents ran the risk of being sent to JC, if the court noticed their presence in the court hall. CRL told them, “Go downstairs, and go away wherever you like, until I obtain anticipatory bail for you”. The panicked parents dashed out of the court complex, not to be seen or heard for next two weeks.
Since there was no question of obtaining bail on the same day, I agreed to be the surety for obtaining the bail. I did not have to rush to get the documents, as my surety affidavit would be moved only next morning supported by my property documents.
While waiting for our matter to be called, we were entertained by a cross examination by a counsel speaking Kannada with heavy Tamil accent. The issue was same, under section 498A. The complainant wife was in the witness box. The counsel grilled her, a person qualified in law and working for a leading law book publishing house, to expose that though she was earning Rs.40,000 a month, she took Rs.3000 as monthly maintenance allowance from a husband, whose reported annual income was Rs.1.03 lakhs! Eventually, at about 4.50 pm, our matter was called. CRL told the court that he was moving bail application, and submitted the copies of decisions he was relying on for supporting the grant of bail. The APP, for all that Rs.3000 was worth told the court that the accused person’s passport should be seized! There was no question of his obliging us by filing objections then and there. The magistrate routinely asked the accused whether the police had treated him badly. He replied in the negative. Equally routinely, ignoring the CRL’s pleas to grant bail, the magistrate remanded the accused to JC for the day, and posted the matter for next day to consider APP’s objections. The CRL gravely approached the accused husband and told him “tomorrow we will definitely get you out on bail. Be brave and put up with this for a day!”
The police approached me and asked to provide transport to take the accused husband to Parappana Agrahara Central Jail, failing which, he would be taken there along with criminals. Horrified at that prospect, the brother in law of the accused lent his service by agreeing to take the police and the accused in his car. Couple of more cops also joined the trip. All were amply fed on the way including the accused, as we did not want him to eat jail food at least for that night.
husband, who was destined to spend time on hard cold floor with other under trials, while we were going to sleep in the comfort of warm bed.
Bail was granted
Next day, the CRL asked me to be present in the magistrate court campus by 1200 hours. Till that morning, I was under the impression that the accused person would be brought from the Parappana Agrahara Central Jail and the bail application would be decided in his presence. The basis for this assumption, as an advocate who had done some work on criminal side, I had seen that the proceedings usually took place in the presence of the accused persons. Much to my distress, I learnt from a colleague whom I met in the court that at the stage of grant of bail, the accused will remain in JC until the bail order is communicated to the jail authorities. In some unlucky cases, I was told, the accused had remained in JC even for a week! All the while I was thinking that spending a night in the jail was bad enough, but here was worse news. Now, my prayer to the Lord Upstairs was to bless the accused with freedom at least today.
I waited there along with original property documents as I was going to be the surety for getting the accused husband on bail. CRL came and straight away entered the typists’ pool, choose a typist with an aged typewriting machine and dictated the surety affidavit, after gathering my particulars and the particulars of the property I owned. We went to notary public to get the affidavit and enclosures notarized. I asked the notary what is the fee, although I knew that it should be around Rs.30. The notary said, “whatever you decide to pay!” CRL told me to pay his Rs.30, which I did. The CRL did not have any tools for stitching or stapling the papers together. I too did not carry either the stapler, or sewing needle or thread, which I usually did when I have to do some filing. Eventually, he managed to borrow stapler from a court staff and bunched the paper together. The manner in which he was handling the papers left them crumpled and creased. I had to wince at this treatment of papers, for I was used to meting out far gentler treatment to the document I handle.
Be that as it may, by 1.30 pm, we were in the court hall. Before going to the court hall, we sent to APP’s office outside the court hall to ensure that he had his objections ready with him. He indeed had it ready, though he did not serve us any copy. We waited with bated breath for our matter to be called.
In the meantime, I had to step out for a short while as a client wanted to urgently consult me on some matter. While I was discussing with my client, CRL suddenly rushed out of court hall and frantically beckoned me. “Matter is about to reach! What are you doing standing there!”. Duly chastised, I joined him in the court.
Within next few minutes, the bench clerk called out our case. APP said “I am filing my objections”. The magistrate heard the CRL for just two minutes and exclaimed “what do you want? Release of your client, isn’t it?” CRL exhaled a breath of relief and uttered a relieved “Yes!”
APP again opened his mouth to say that passport of the accused should be impounded. CRL jumped to his feet and said “your honour!, this Hon’ble court has no power to