Yesterday we had written article on anticipatory bail in 498a and how you can secure bail when you get booked in 498a. As said in our previous article today we would be talking about stay on arrest and transit bail in 498a. Stay on arrest is almost the same as anticipatory bail wherein you can not be arrested as long as your stay on arrest in valid. A stay on arrest as a notice which forbids police you from arresting as long as it is valid. Stay on arrest is a popular term in a state like Uttar Pradesh where concept of anticipatory bail does not exist at all. We would now talk about stay on arrest below,
498a Stay on arrest
As name suggests stay on arrest forbids police from arresting you until the date written on stay on arrest notice. It is necessary to take when you fear arrest in a false 498a case. Way of applying for stay on arrest is identical to anticipatory bail. In states like Uttar Pradesh, accused have to apply for stay on arrest in high court as they do not have this provision in their CRPC.
Stay on arrest and anticipatory bail can be used in other states than Uttar Pradesh. As per the new ruling by Supreme court, there would not be any arrest without Magistrate order. So let us suppose, your wife has filed a complaint against you and you are being asked for come for investigation by police. However, you fear that police may file challan and send you to police custody for interrogation after taking Magistrate consent. In that case, you may either apply for anticipatory bail or apply for stay on arrest in court.
validity of Stay on arrest in 498a
usually stay on arrest is valid for a month. Let us suppose, you have taken stay on arrest on 5th may then police can not even touch you until 5th June because of stay on arrest. Stay on arrest can be used when your anticipatory bail is getting delayed because of some reason. There is a kind of stay on arrest which is for indefinite time and it is like a permanent bail and you would not be arrested at all. So this is about stay on arrest and let us now talk about transit bail in 498a.
What is Transit Bail in 498a
In simple terms, transit bail is applied when accused stays in some other place than jurisdiction of some other competent court and he need some time to reach that place. This is usually applied for people staying outside India and this is to make sure that as soon as you reach your hometown, you would not be arrested and with transit bail you have taken some time from court to reach the place of complaint. This is usually issued when look out notice has been issued and you were not able to get anticipatory bail from court.
So this is about stay on arrest on and transit bail in 498a and after this article we would be talking about necessity of converting anticipatory bail into regular bail. Many sufferers of 498a have asked me if converting anticipatory bail to regular bail is really required hence we decided to have an article on the same. So share this article with your friends and family so they can be educated on this as well.