Reg: surrender & bail, charged under 307, 504, 201
asylumdropout
(Querist) 18 July 2014
This query is : Resolved
Greetings everybody !
Please suggest the best possible course of action for "A" considering the following FIR's and timeline of events.
PEOPLE INVOLVED:
A : 30 years old doctor,businessman, owner of colleges and only son.
B: 42 years, Ex-Librarian of A's college.
C: 39 years, Ex-Office staff of A's college. Where B & C are very old friends.
TIMELINE OF FIRs
31-8-2013 : FIR Lodged : By A's mother against C : Location A's residence: charges 381, 384, 504, 506 : Reason: C threatened A's mother of dire consequences and was trying to extort hefty sum of money. He also vandalized her office and stole money from there.
2-9-2013: FIR Lodged: By Mr.B against A : charges 307, 504 and 201 : Location A's residence: Reason explained: B went to ask for salary at A's home and A shot B under irritation with his licensed revolver hitting him on the shoulder & waist. He claimed that he was saved by the people present, while A absconded.
25-9-2013: FIR Lodged u/s 156(3): By A's wife against B & C and their aides: Charges: 323, 506, 384 : Location A's residence: Reason: on 2-9-2013 B & C attacked A at A's residence and also attacked his mother and his wife while she was pregnant. reason : money extortion and they were irked due to the FIR lodged by A's mother on 31-8-2013
23-2-2014: FIR Lodged : By A's mother against B & C : Charges: 395, 391 : Location A's college premises: Reason: B & C with 5 or 6 aides attacked her and destroyed the files and looted the premises. Initially the FIR was sponged under the political influence of B & C but it got restored by the order of DIG and B & C are now absconding.
ACTUAL STORY IN BRIEF:
1- A lives alone with his mother and wife. His parents (Father senior officer, posted in a different state of India) received money extortion calls by anonymous people. Upon suspecting B & C's hands who were working at A's own college, A paid the salary and dismissed them from the job. irked upon the disclosure of their money extortion plans C surfaced fearlessly, vandalizing the residence, stealing money and threatening A's mother in his absence. First FIR was lodged against C on 31-8-2013. (See timeline of FIR)
2- Being provoked by the FIR B & C attacked the residence of A again, injuring A, A's wife and mother.(Medical reports available). "A" sustained fracture in fingers and muscle rupture of serious nature. But when B was going to shoot A in head, A grabbed the gun of B, twisting his hand, shooting B on his waist and shoulder. C,his aides again attacked A and took B to the hospital. (The person admitting B in hospital is B's childhood friend, name available on hospital admittance slip). FIR lodged on 2-9-2013. (Investigations going on, no chargesheet submitted)
3- Police was supporting B & C so they denied lodging cross FIR. but it was lodged u/s 156(3) later by the wife of A. A went to the doctors and got partial treatment but the surgery was denied by the doctors as A was absconding arrest.
4- B & C along with their aides now attacked the college premises firing shots at the furniture etc again looting money from there and destroying the files. FIR lodged on 23-2-2014. Investigation going on, no chargesheet submitted)
PLEASE SUGGEST THE BEST COURSE OF ACTION ANSWERING THE QUESTIONS.
1- If A surrenders so that the doctors may perform the surgery. Then on what grounds could he get a Bail, and what could be the estimated time frame? (the case is of UP)
2-Could the case lodged by "B" be quashed on the basis of loopholes and contradictory statements in the FIR of B and pre-existence of an FIR against B's friend expecting such events? (see below for loopholes)
3-Could A deny the shooting in bail and raise a question about the sustainability of the case by B who had exploited 307 for monetary gains, on the grounds such as-* A never had any licensed weapon * No arms, blood or any evidence were recovered by the police suggesting such events * No presence of witnesses other than B himself * No depth of the wounds were measured in the medical report of B suggesting the bullets could have be planted surgically * A doesn't have any motive to fight with B as such would blemish his reputed image in the society * B planted the case to suppress the existing FIR against C as C was booked under money extortion 381, 384, 504, 506 ?
4- B & C have demanded a sum of more than 50 lakhs to compromise and dissolve the case via I.O.. Therefore, A doesn't want to compromise as such criminals as B & C would surface up again in future with bigger demands and what A had lost in this incidence is greater than any money.
INCONSISTENCY, LOOPHOLES AND CONTRADICTORY STATEMENTS IN THE FIR LODGED BY "B"on 2-9-2013 are as follows:
1- A is aggrieved because A's mother lodged the FIR first against C (Friend of B) suspecting exactly what happened.
2- B said that A shot at him with his licensed revolver while A never had any license or firearm. (easily verifiable by court, police or anybody)
3- B claimed that he went alone and bystanders helped him - The event happened inside A's house, so who were the bystanders? If he went alone without any ill-intentions then how come his childhood friend got him admitted in hospital? (Name present on admittance slip)
4- Police never recovered any blood, firearm, shells or any witness supporting B's claim other than B himself.
5- B had already collected his salary and signed the salary slip.
6- Suppose A really wanted to kill B: Then A is a doctor who knows the fatal parts. A had a 315 bore rifle in his father's room. A was a national level shooter. B was inside the house of A all alone(As per B). What are the chances of survival in such scenario? A single head shot and the job is done..
Medical report says the wounds of B are of 0.3 X 0.3 cm suggesting 0.22 bore bullets. (The depth was never measured by probing).
SUGGESTIONS ARE WELCOME.
asylumdropout
(Querist) 18 July 2014
Dear Sir (Mr.Barman)
Thanks for replying again.
Top lawyer of the city is already looking into the case but never briefs or suggests anything to A.
Recently the decision for 83 is withheld. Which is most probably in favor of A. That is immaterial for A be that positive or negative.
Any suggestions or points which could prove to be beneficial regarding bail or quashing? Few people suggested that quashing is not possible in UP.
Please?
Thanks
Dr J C Vashista
(Expert) 19 July 2014
Mr. asylumdropout,
1. Anonymous queriest.
2. Too long a query. Be brief.
3. Consult your lawyer.
Sudhir Kumar, Advocate
(Expert) 19 July 2014
not so simple.
one has to sit down to se full facts.
why A allowed the matter to go so unsually worse?
why B&C did not sue A for his rash action in termination without inquiry on the basis of suspicion?
Sudhir Kumar, Advocate
(Expert) 19 July 2014
repeated
http://www.lawyersclubindia.com/experts/charged-with-307-201-over-irrational-F-I-R-484841.asp#.U8nEPkBvdG0
asylumdropout
(Querist) 19 July 2014
@ Dr J C Vashishta
Dear Sir,
1. There is a reason the query has to be anonymous because of the involvement of media.
2. Sorry for the long query as I wanted to explain the case properly.
3. Top lawyer has been hired but he is mostly absent from the city and the junior staffs deputed by him usually skip on the fine points which could be important.
Your suggestions are welcome
Thanks
asylumdropout
(Querist) 19 July 2014
@Sudhir Kumar,
Dear Sir,
1. The two staffs were hired on daily wages.
2. They had been showing bad performance from the past 4 months and received notices for that. Mr.A made a full inquiry before dismissing them from the job. B & C were also involved in exploiting the students for money. The students are ready to vouch for that and had submitted Affidavits in that regard.
3. We are not taking free advices, instead assuring ourselves about the competency of the lawyer before appointing. Mr.A had spent 5-8 lakhs on lawyers etc without achieving the desired results.
4. Only well experienced, well versed and senior lawyers in this section of IPC, who are content would spare their neurons over this matter. That is now our criteria to make a selection instead of hiring a struggler. Because mr.A had already sustained enough damage
Your suggestions are most welcome
Thanks
asylumdropout
(Querist) 19 July 2014
@Mr.Rajendra Kumar Goyal
We are trying to delete the previous one but that seems a bit difficult.
Thanks
Sudhir Kumar, Advocate
(Expert) 19 July 2014
you have already engaged advocate and work as per his advise. If he is not available then you ca afford to change.
P. Venu
(Expert) 19 July 2014
First of all, let A stop absconding either by surrendering and/or taking out bail. The legal options available opens up then and thereafter only. Till then, all discussions are meaningless.
asylumdropout
(Querist) 19 July 2014
@P.Venu
Dear Sir,
That is correct. But how could a person surrender to the police which is a party to the crime ? Had they taken the first FIR by A's mother seriously then B & C wouldn't have dared to show up at his residence with arms. Isn't it ? A needs assurance of justice on available facts and evidences only then he would be coming back to india to surrender.
Thanks
Devajyoti Barman
(Expert) 19 July 2014
Then apply for anticipatory bail.
In any case the delay making himself subject to the process of law would compound his problem.
P. Venu
(Expert) 19 July 2014
Let A approach High Court for anticipatory bail. The principles laid down by the Supreme Court in Sundeep Kumar Bafna v. State of Maharashtra (decided on 27/3/2014) may be of help.
T. Kalaiselvan, Advocate
(Expert) 19 July 2014
You have stated to have engaged a top lawyer of the city, so any advise given to you will be a waste exercise because your lawyer will not pay any heed to your advise or instruction. Since you blame him of not taking proper care in your case, why do you still hang with him?, better change the lawyer and come back with your queries to this portal so that you can brief the new and not so much experienced lawyer with the advises sought from here to conduct your case.
Raj Kumar Makkad
(Expert) 20 July 2014
I have also similar opinion as expressed above.
Dr J C Vashista
(Expert) 21 July 2014
Change your lawyer if unsatisfied with his/ her performance. However, you have properly been advised by the experts on this platform FREE OF COST.
Nothing more to add, now proceed as advised by your advocate.
.
asylumdropout
(Querist) 21 July 2014
@ P.Venu
Dear Sir,
We are extremely thankful to you for sharing your knowledge. The extent of your knowledge and perception is well appreciated. If the case cited by you turns out to be an important point in acquiring bail of Mr.A then we will be sending you over a small gift in lieu of your time spent on our case.
- Thanking you
