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Mahadev   03 August 2015

498a permanent bail

In my case of 498A when magistrate had granted bail , he had ordered for a solvent surety of 5000 . Bailer was produced by lawyer , bail formalities completed and i got bail . Lawyer took cash from me and said this is solvent surety amount and will be returned upon completion of case.

Police is yet to file a chargesheet .

When chargesheet will be filed and bail made permanent assuming no conditons being modified/added by Judge , should my lawyer again ask same 5000 solvent surety amount saying as bail is made permanent i need to pay 5000 .He is saying it will be required again as earlier was temporary bail and now is permanent bail.

He has also taken money earlier saying court surety of 2000 but when i ask for receipt he is not showing it . As far as i know the receipt belongs to me and hence if there is court surety deposited i should get it . he says again it will be required but no receipt will be given at the time chargesheet is filed.

What is this circus going on . I am helpless and can't understand . Please help me understand the law.

How can i obtain the copies of what is deposited  and what are the actions that i can take if i find from court that no such court surety was ever transacted. How can i fight against the lawyer.

Should i go to bar association and complain or i can take the lawyer to Magistrate/Judge or file a written complaint.



Learning

 1 Replies

Rocky Smith (Instructor @ Calcutta (rockysmith4calcutta@gmail.com))     03 August 2015

I think your lawyer is extorting you. Please asked for receipt else complain in bar Association.

 

You can get certified copies by contacting a court clerk or filing RTI.

 

Please read each of my posts carefully in the following links for sample petitions and other necessary clues.

 

https://www.lawyersclubindia.com/forum/Fight-against-misuse-of-498a-ipc--103100.asp#.U6gslUCm9dg

 

https://www.lawyersclubindia.com/forum/Best-way-to-fight-against-false-498a-103111.asp#.U6gsRkCm9dg

 

https://www.lawyersclubindia.com/forum/details.asp?mod_id=104564&offset=1

 

https://www.lawyersclubindia.com/forum/Why-speedy-trial-amp-perjury--124819.asp#.VbzWibOqqkp

 

https://www.lawyersclubindia.com/forum/Why-speedy-trial-and-perjury--124820.asp#.VbzWx7Oqqko


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