Anticipatory bail. how to get details?
nithin
(Querist) 27 February 2013
This query is : Resolved
There is a serious case filed on one of my friends. I am not aware of the entire issue that has happened but I/we trust my friend and want to help him. Even if he is guilty, he should have a fair trial/process.
Here are the details I gathered to post my query.
1. FIR has been opened in Jan 2013 since the case was opened and requested by a women. (Am not disclosing any names).
2. Sections which are covered in the file/FIR:
420 378 376 506 R/W sec34
3. Anticipatory bail request was rejected in session court(In some place of Bangalore city) on Feb 2nd week.
4. My friend is not in police custody. He is in abscond from Feb 1st week. (None knew police were searching for him until Feb 1st week. We did not even know there was a FIR opened on him until then)
5. The women who filed the case is 29 years old and have a personal grudge on my friend and taking revenge in this messy way. We know that she have no solid proofs for any of her claims. She is forcing us to accept for a discussion and come to understanding and close the case.
I personally think the lady is very aggressive as her parents visited us few days back. Her parents also told us that she left home two month back and not speaking with them since then.
This is the situation we are having at hand. We have a lawyer but, I think, having an opinion from this site is somehow better. Here are my questions: (Please keep in mind that case is opened in Bangalore, Karnataka)
1. Can we submit another request/hearing/whatever for bail in the session court? Many lawyers are having different answers for this question.
2. If we are to submit for bail in high court, then how long would it take to process?
3. Will high court hear to the arguments we are having or simply deny for bail as it was rejected in session court?
4. If bail is denied in high court for first time, should we not submit for bail request again in the same high court?
Please ignore my spellings and other errors i have made. I have no clue/experience on what these laws and how they work. Please provide your valuable opinions. Thanks
Added later: We also want to file a case on this lady as all the cases she filed are false. These are not yet proved. So how should we proceed in filing a case against her? What sections can be used? The said women have spoiled his career already. And she have also spoiled the fame of their family by personally bringing the police to my friends home when a family function was going on. Please give me your inputs in this as well.
Devajyoti Barman
(Expert) 27 February 2013
1. No. You have challenge the order for bail in the high court u/s 439 crpc.
2.It should take not more than 4-5 days.
3.Court would hear you.
4.No, go to supreme court.
ajay sethi
(Expert) 27 February 2013
dont make another application in session court . move hC .
court will pass orders after hearing your arguments . if HC refuses then move SC
nithin
(Querist) 27 February 2013
Thanks for the replies...
We also want to file a case on this lady as all the cases she filed are false. These are not yet proved. So how should we proceed in filing a case against her? What sections can be used? The said women have spoiled his career already. And she have also spoiled the fame of their family by personally bringing the police to my friends home when a family function was going on. Please give me your inputs in this as well.
ajay sethi
(Expert) 27 February 2013
dont be in hurry to file case against the lady . concentrate your energies on fightng the present case .
Rajeev Kumar
(Expert) 27 February 2013
First get the bail and exhaust your energy in fighting the present case rather than filing a case against that lady. First be defensive then offensive.
Raj Kumar Makkad
(Expert) 01 March 2013
Nothing to add more in the given advice.
