467, 468, 511

Querist : Anonymous (Querist) 30 October 2010 This query is : Resolved
Dear All
My dad got arrested in 28 aug 10 with ipc 467, 468, 511 as his name is not in fir also got arrested by accused statement as he is with me and no recovery has been made of docs from our home we got rejection in sesson court and in high court we have to take back appeal now the days are almost 65+ past waiting for charge sheet to be filed in 90 days as advocate says to me i want to know the case is on based of just xerox fake copy recovered from accused home not from us and entire case is on xerox copy no transaction is been made in bank no amount is been withdrawn or cheated kindly let me know wht i need to do as i have really financial probs pl help me i m from ahmedabad call me on 7600769181 pl help

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Devajyoti Barman (Expert) 30 October 2010
I think you should have tried to get the bail from high court. Anyway I think the situation after 65 days is ripe for getting the bail. In any case if the police fails to submit the charge sheet after 90 days then your father would definitely get the bail.

s.subramanian (Expert) 30 October 2010
Yes.

Querist : Anonymous (Querist) 30 October 2010
thanks mr devajyoti & subramanian we have gone in high court before 15 days but we have to take back our application due to fake panchnama showned by police ... but i would like to know that if police files a chargesheet in 90 days then what will be circumstances. because police shown that one xerox copy is recovered from our house that was fake panchnama done by police as nothing is recovered from our home. we are worried tht if chargesheet is filed can we get bail on that ???

Devajyoti Barman (Expert) 30 October 2010
Then the court would decide afresh whether to grant bail or not.You hae to emphasise the on the said fake panchnama.

Querist : Anonymous (Querist) 30 October 2010
thanks but in this case the main accused are absconding which father has given to police that from them i have received xerox copy they are not yet caught so can police file our chargesheet in 90 days and can we get bail if they are not caught bcoz here advocate says tht whtever in chargesheet let be there u can get bail bcoz the crime is not commited its just preparation no monetary transaction is done in bank nor else ???

Querist : Anonymous (Querist) 30 October 2010
pl reply and help me to get right decision !!!!

bhupender sharma (Expert) 30 October 2010
why don't u go for quashing of the procedings if u have such a good case or in aternate relief seek the regular bail.

Devajyoti Barman (Expert) 30 October 2010
Yes, the nabbing of the actual culprit has got nothing to do with your bail application.

adv. rajeev ( rajoo ) (Expert) 30 October 2010
After filing the charge sheet you can try for the bail in the lower court.

Kirti Kar Tripathi (Expert) 31 October 2010
yes,

Advocate. Arunagiri (Expert) 31 October 2010
If you have a strong grounds, file a discharge petition u/s 239 cr.p.c. before the trial court. You can try this In addition to the bail petition.