Anonymous
16 January 2011 at 15:46
My mother and father are aged above 70 years and my married sister are co-accused in this case.
I got a bail 4 months ago but took a stay of arrest for my parents from HC. The chargesheet is filed and I have to apply for regular bail for my parents.
Lawyers tell me that for main accused bail is rejected in lower court and is granted from district court only that happened in my case.
but the co-accused can get bail from lower court but the magistrate may reject the bail also for my sister in that case she will need to secure bail from District court.
Please suggest after chargesheet why is bail a problem I cant afford to take risk for my parents and sisters bail. This is being used by the other side as a point of blackmail. They claim huge amount and are threatening that they will oppose by familys bail If I dont agree to pay.
This leaves no scope for accused from respected families to defend themself in the trial. Please suggest any other options or if the HC can grant bail or stay on arrest ---and we can face the trial without requiring to take bail from lower/trial court.
Anonymous
16 January 2011 at 15:18
A Criminal writ petition was filed in Allahabad high court for Quashing of FIR- by me and the High court granted Stay of Arrest and referred the matter to mediation centre. The mediation failed and know the case is to be listed in HC where the court will decide on the 'stay of arrest'that was granted initially.
1. Can we pray on the listing date to grant permanent stay of arrest until conclusion of trial. In that case if granted we can appear for trial before the trial court without any requirement to apply for regular bail.
Can this be granted and are there any such citations where it was granted?
2. Same day hearing order- Else can we pray for same day hearing order to ensure the bail application is heard and decided on the same day.
Please share your views on the same.
sunil kushwaha
16 January 2011 at 13:03
Can any expert & experienced lawyer can answer my query regarding dowery case filed against my family,in may-2008 my wife has committed sucide & after that her family members filed a dowary case after 15days against my family & police has arrested my entire family.
After investigation police filed charge sheet & in that nothing was mentioned like hareshment as statement of wife was not taken as she was not in a position & without statement she died & charged ipc sec 498 & 304 of accedintal case.
Now after 2years the case has been trasfered to civil court & her family approched for settlement & asking for money spended in marriage & jewelery given to her daughter.
But they asking for half money to be paid before they give statement in court & taking case back but we can not trust them because of their behavior for last 2years.
Pls suggest me can we do accordingly or is there any process for settlement through civil court so that accordingly we will proceed.
yogesh
16 January 2011 at 12:40
Sir,
Kerosene oil comes under essential commodities act and only authorised shopkeepers are given licenses to sell the same
If the purchaser buys the kerosene oil from the shopkeeper who sell it under black rated price whether purchasing of such oil from the shopkeeper is crime ?
yunus
16 January 2011 at 11:20
Dear sir/madam
If someone had charged with half-murder case(at that time he was above 18),afterwards case is settled between two parties.Now if he clears any UPSC or Public
Service Commission exam will it create any problem in future(background check).
unique horn
16 January 2011 at 09:13
'A' is a person left free after the judgement that " no proof for his crime ". In years later strong proof was found for the same crime.
Now can he arrested and file case again for the same crime which was closed by court?.
Gagan Souri
15 January 2011 at 23:32
Dear Ld memebers
What is Station House Diary?
What is Police Diary?
What is General Diary?
What is Daily Diary?
What is case diary?
& any other diaries avaialbe in a Police station that I can ask under RTI, to defend my self from a false/fabricated 498a case
Answers would be appreciated
Thks& Rgds
kirtirani sole
15 January 2011 at 23:05
Resp. Sir/Ma'am
What is the procedure for reopening of evidence in the proceeding of 138 which is summary trial.... We need to file some important documents now and we have already been closed the evidence by filing evidence close purshish....
Plese guide me....
Thanx in advance....
Prasun
15 January 2011 at 14:29
My friend is booked by MM Court during charge frame u/s 292, 389, 419, 420, 465, 467, 468, 469, 471 and 474 of IPC read with Sec 67 of IT Act, 2000. The last MM said that Plea bargaining can be appealed by my friend (accused). He also orally said that he will accept the plea bargaining and release on probation of offendor's act.
Now this MM is changed. But honestly I need to know whether Please bargaining can be applied by an accused charged under various sections mentioned above and what is the guarrantee that he will be released on probationer of offendors act later on? Moreover, if the accused is not released without any jail term, then the refund of property which he committed in the plea bargain application will effect and the complainant can go away with the seized property even though the accused is jailed?
Please provide me the correct guidelines as my friend is innocent but unable to ptove his innocence as he is popper today.
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criminal case under sec 498a/307/328/506 and 3/4 dp act
Dear sir
i have filed the pittion against my husband and in laws under sec 498a/307/328/506 and 3/4 dp act but they have taken stay arrest from the HC allhabad AND now the matter has gone to the mediation centre, i want justice and sorted out this matter soon what should i do in this case if suppose they are not appear in the mediation centre or try to do the interveen of mediation centre' decision?
One thing here i also want to mention that the arrest of husband and inlawas is stayed till the mediation and court has given the order that police only investigate the case but do not attach the chargesheet?