Upgrad LLM

Regular bail for 307,498a

This query is : Resolved 
 



Guest (Querist)
26 June 2017

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Read more at: http://www.lawyersclubindia.com/experts/modify_message.asp?entry_id=787104aaa

Read more at: http://www.lawyersclubindia.com/experts/modify_message.asp?entry_id=787104aaa

Read more at: http://www.lawyersclubindia.com/experts/modify_message.asp?entry_id=787104aaa

Read more at: http://www.lawyersclubindia.com/experts/modify_message.asp?entry_id=787104aaa

Read more at: http://www.lawyersclubindia.com/experts/modify_message.asp?entry_id=787104aaa

Read more at: http://www.lawyersclubindia.com/experts/modify_message.asp?entry_id=787104aaa

Read more at: http://www.lawyersclubindia.com/experts/modify_message.asp?entry_id=787104aaa

Read more at: http://www.lawyersclubindia.com/experts/modify_message.asp?entry_id=787104aaa

Read more at: http://www.lawyersclubindia.com/experts/modify_message.asp?entry_id=787104aaa

Read more at: http://www.lawyersclubindia.com/experts/modify_message.asp?entry_id=787104




Guest (Querist)
26 June 2017

Please need your expert advise and still charge sheet is not yet book, because no proof.

Sudhir KumarOnline (Expert)
27 June 2017

No concrete views can be formed without seeing papers.

Advocate Suneel MoudgilOnline (Expert)
27 June 2017


too long query,

better to consult some prudent lawyer electronically (via phone, email, messenger etc). you can get detail of advocates from the database of this site.
despite of blaming judges, better to engage one experienced lawyer and concentrate on your case as per his/her advise.




Rajendra K Goyal Online (Expert)
27 June 2017

All documents need to be referred, you have lawyer, discuss in detail with him. You can once again try bail from High court.



Guest (Querist)
27 June 2017

Hi all,

Thanks for response and really i dont blame any judge but its happen they bail petitions are rejected,
believe me exinlaw doing this and judge refuse the petition...
why he is doing like this he need money biga mount..
when he file a case he ask 1 crode,
next two weeks he came with 60 lack ..
lastweek 40 lacks ..
yesterday he came on 26 lacks .... for case compromise..
am waiting for 10 lacks or 7 lacks ... i can afford that much...
the mediator say he committed 26 lacks .. sell your home or the home write his name...
really we dont do any crime why i need to do these all my parents went for jail they surrender because they are innocents they didnt do any crime... its false case ....
trust us we dont do anything wrong with that girl ... she makes issue and give 4 months time .. even she didnt listen then i divorce her.... if i didnt give divorce she said she file case against my father which he try to rape her.... kill her ... and proudly she can do this because her father is advocate... i made mistake to marry advocate daughter... i though they are educated know culture and all ... but i dint this much of jahill guys...

am not saying vall advocates family like this but my inlaw doing this because of money wrost fellow play with Indian law... god will answer this once the peshi will start we only win this case becasue we have proofs to show we are innocent but he dont have... his aim is he put my family in jail and file a case and try to get big amount this is his aim..... any way once my issue will solve i also take revenge... but right now want to save my parents who are in jail .... they are innocent they didnt do any crime ....please pray for my parentsss.
but i give my best to stop these all and finally divorce with sharia law.. 3 months iddat period ....
after 3 months my divorce complete .. ( sep-2016 to jan 2017 i want for her) in jan 2017 divorce send to her and in apr 1st week iddat complete then certificate issued...... but she file a case in jan 2017 only she dont try to solve this issue during iddat period also ...
in short they need money . that they expect from me and my family ... but we dont have that much ....

if you need any document which is FIR copy, 1st bail app rejected by session court , 2 nd bail application reject from high court and suggest surrender in session court try to apply bail again..
3rd parents surrender in session court and apply bail after 10days with health certificates issue from jail doctor then also its rejected because my ex inalw goes judge and make thingsss...
my lawyer said he is great experience and his honey he give 100% during argument but my in law came from back door to stop bail applications....

so please share you email address suggest me what should i do ... to save my family..

after 2 days will put one more regular bail petition in session court .... hope will get bail if we didnt get... i can goto high court
if i approach high court which bail i need to try FIR Quash, or anticipatory bail or any other please suggest...




Guest (Querist)
27 June 2017

I feel bad for my parents.. i cnt do anything for them ... literally want to die in this situation... i cant leave this country untill complete the loan...
i give my 100% to fix this issue but no results.. every where getting bad result its my bad luck..
anyways seeking expert advice on above query...

Kapil ChandnaOnline (Expert)
28 June 2017

Sir,

Can you please email me the copy of the FIR and let me see what best can be done in your case ....

Warm Regards
Kapil Chandna Advocate
9899011450,9911218741
https://kapilchandnaadvocate.wordpress.com/



Guest (Querist)
29 June 2017

Dear Kapil Sir,

Sure i will send, and i didnt find any email ID on your profile would you please share with me here.

Thanks,

Kumar Doab (Expert)
29 June 2017

Let the case file be examined by by your counsel for a considered opinion.

T. Kalaiselvan, Advocate Online (Expert)
01 July 2017

The bail application cannot be dismissed for ever.
You are either not in the knowledge of what has happened or you are hiding the information from this forum while asking opinion and suggestions.
Did you apply for bail before high court after the regular bail before the trial court was dismissed.
Her father being an advocate will not entitle him to influence the judge to the exten what you have alleged against him here.
The age of your parents itself would have drawn sympathy by the court.
Her father cannot influence high court judges or all the judges on the way.
Moreover he can interfere only by filing an intervenor petition.
Falling at the feet of judges will nto be entertained by any judge or it can fetch any desired result, hence your statement in this regard is not reliable.
You may ask your lawyer to obtain dismissal order from the trial court and file a fresh bail application before high court.



Kumar Doab (Expert)
01 July 2017

Pls respond to observations of Mr. T.Kalaiselvan.



Guest (Querist)
14 July 2017

Dear Mr. T.Kalaiselvan,

Sir please see below details:
1) we apply AB in session court and its was rejected : reason: my parents will run out from India after bail grant, so that the reason its dismissed,

2) and we move to High court and apply AB : its was dismissed reason : charge sheet not ye filed and investigation also not completed, so high court will not give bail, and high court give order to petitioners surrender your self in lower court and seeking for regular bail in merits,
3)surrender in lower court and parents are in judicial custody then after 4 days we apply regular bail then family court judge rejected bail application : reason charge sheet is not yet booked,

4) and police charge sheet book in 4 days after 3 days we apply regular bail , and Friday 7th July 2017 same family judge told Monday will give order, then Monday 10th July 2017 my x inlaw bring stay order from high court then regular bail application rejected again.... this time the government doctor who is from jail he issue certificate for my mother which mention my mother have kidney and leg bone pain and high BP , she need to be rest or admit in hospital her health is not well then also judge rejected, because of high court order...

5. now we apply high court for regular bail ... waiting for resul

sir in this session court : every time application goes to lady judge and it was rejected ... if she want to issue bail why she give next date every bail application ... why she give dates every bail application... sir i know hat happend will share the document once i received all the dismissed copies ...

Thanks,



Guest (Querist)
15 July 2017

Let me clear here,

for first AB bail there is 4 hearings in session court : and sir 3rd hearing day finally my lawyer give his 100% during argument and judge also thinks there is no crime happen, and the best thing is there is no proof with my x inlaw they just saying incident happened 3 months back which is sep 2016, i just came back india for 4 days during weekend, and sir in the petition my x wife mentioned since day 3 she was harassed, and 10lacks demand and car demand etc etc she mentioned in fir complaint, sir if i ask these all why she spend 7 months with me happily , not only me with my whole family.... and sir i have great happy moments pics things with me as a proof, and sir she was not a kid she work in IT industry which is big mnc for 6 yrs ,,, this fact i know after marriage 6 months done, that time i saw her email then got these things, phir be sir , i have commitment marriage is done leave these all move forward in life, but sir , but when i was thinks +ve she start - ve things small small issues makes big ,,, then also i keep calm say everything will solve once we go back to india ...... and once came back to ind her father came said i want to take my daughter return she is with you for 6 months will take her for 3 weeks, i said ok you can take her after 4 days because i have return flight after 4 days then he make nonsense in my home scolding etc etc.. but i cant tolarate these all i said leave my home ... then they left... after 2 nd my wife left my home with her parents ... so many times i called her so many times i done emails msgs no response from her... then i came back ind in november mid for 1 week, go to in laws home ask her to back to my home, shesaid no i dont .. once your family sold ur hour house and get share from them , u need to be separate... and salary restrictions.. so many things need to write in paper do a sign then she will be back... after that i said my uncles maternal and paternal they try to solve these all she never accept ... because her father lawyer and they can do what ever they think... finally i also give divorce to her at 3 jan 17... after the divorce she file 498a, 307 , 506 500, in my whole family ...in 28 janury 17.... even she didnt try to come back during 3 months iddat period ask me to take her back ... i try to contact her no answer ... but sir she file a case.. now back to the point ...
3 hearings done.. and lady judge said she will take decision on next day on 4 th hearing... that time my x inlaw and my wife goes to chamber req to judge crying doing mercy for .....dont give AB for my family member they will run out ...

thats the reason judge also wise she told in order copy bail canceled bcoz accused person will runout from india....
then sir back to HIGH court that time in high court also in aprl last week the senior judge of high court he went his chamber cry and said mercy on case... so judege said after summer holidays will do hearing again for AB bail..

after summer holidays in may judge changed ... so that judge listen both party lawyers argument and said go back lower court seek for regular bail reason no charge sheet investigation is not done,.....

sir if judge want to give AB he can give sir ... there is no proofs ... in arguments he decide crime happen prima face also said ki whole family members try to burn her ... my high court lawyer submit all proof which says this is false case please consider client req grant bail for us...

3) then sir parents follow high court orders and my lawyer also said in one week u will get bail and come out..
so after 4 days he apply bail and argument happen for 3 days... this time in session again same judge which is lady .. and x in law and 5 other lawyers approach judge office said this is x in law personal case and his daughter case please do mercy ....
so on 3rd day judge reject bail application mention the reason charge sheet is not full filled ....and bail dismissed... think sir my parents age is 58 + how they will be stay in jail ... they didnt do any crime and judge feel its happen when my x inlaw and x wife approach lady judge....
if she think my parents situation she will grant bail in first day only but she didnt ... you know the government doctor also issue medical certificate for my mother ...theat certificate is atatch with bail application... but the lady judge didnt consider anything ..... my parents age my parents health issue nothing this is just 307 and 498a ... but sir she has to be think .... this is not fair ..... any how we fight on this ... we have trust in our judicial system ... she didnt think about that ... finally bail cancelled.... i know sir even judge also know this is false case 15 members give statement gaint my family .. as per police but i ask every one except my x wife family memebrs .. everyone shock we dint give this statement .. but the the police written this .. sir every one ready to give there statement in court but this is bail argument judge didnt ask them ... during peshi that time she want to be call the persons...

this is happend sir ..i am also in gulf cant do anything from here .. feel like useless .... sir if i dont have loan i can leave ... i am trying get a money for my loan and back to india..will sove this issue....
now coming to bail ..
3) we apply 3 rd regular bail petition in session court only.. this time also its rejected... reason ... x inlaw bring stay order from high court ...
this time charge sheet also done.... and apply bail so she in 1st hearing she said 7th july 2017 there is peshi that day will see aand she give date for 7th july ...
in 2nd hearing friday 7th july 2017 my lawyer again give his best in argument ... i know this because my whole family members is there and parents also there they saw these all ... but lady judge give date on monday 10th july ... and everyone feel monday... i want to know how she said will take on monday .. i know sir i feel like she gives time for x inlaw to get stay order... i think this is my personal soach even sabko samaj may aaata sir ... agar baildena hai she can grant on friday but she didnt she said in monday will do hearing ... sir wo monday stay order laaya and its rejected ....
sir phir be we are strong humko system par bharosa hai ... we have hope in high court we fight ... for bail we trust our judicial system ... and we move to high court for regular baill .. and 19th july 2017 we have hearing ... i hope will get bail please pray for my parents...
this time high court also consider my parents situation ... they cant stay there more than 1 month is over .. still we dint bail ... sir
believe us we didnt do any crime... she want to be separate and i cant left my parents .. i am nri working gulf .. my parents will stay in india who will take care them .... thats the reason i said to my wife wil do easy divorce .. for better future but she need 1 crode for this... i said i dont have that much ... now she file case .. even my local society members and father friends and street family friends everyone knows they need money for this they file case and insult my family for divorce... but sir we dont looosse our hopes in indian judicial system ... Hindustan zindabad... i will fight for this .. if high court reject will knock supreme court ...
in this i lost so much money time lot offf. but sir nothing more than my parents ... i will take out them offically i will do ... and sure

give your email address will share all the documents which i have on this case ... but last two dismmised order copy i dont have ... i requested to my lawyer share those order copy to me ... once i recieve will share with you...

once my parents back to home .... my aim is..... i want proof my family is innocent and its false case... about judge and others i can somethig or not i dont no but will proof we are innocent ....

will update you about my case status here....




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