Ipc 306- please assist
kumar
(Querist) 09 February 2018
This query is : Resolved
Dear Sir/Madam,
A1-> sister, A2-> brother-in-law, B1-> Lady, B2 -> B1's husband
Case Filed by Police: B2 filed a case stating that, B1 mistakenly sent a message to A2 phone. A1 saw this message and called B1 and B2 to their house. Both A1,A2 abused B1,B2. They go on stating that, B1 said sorry to A1 as the message was mistakenly sent but still A1 and A2 both started spreading rumors about her character in the community, which caused B1 to commit suicide.
Background: B1's dad is a serving police officer and was informed by our lawyer that there are no hard evidences but still because of this influence they(A1,A2) were sent to jail. Our lawyer is saying that police will buy time to file charge sheet as they do not have strong evidence. I feel they just want to take revenge by making them stay in jail for 90 days.
Current Situation: After 15 days of B1's death, both A1 and A2 are arrested on IPC 306 and sent to jail . Its been a week they both are in Jail. Yesterday the sessions court has rejected their bail plea. Our lawyer is suggesting that, we should go to high court for bail. I am very confused. Should we approach high court for bail or should i consult some other lawyer. Any advise is appreciated.
Question1- Will they get bail in high court?
Question2- Can police take really 90 days to file charge sheet?
Question3- What options do we have to get them out?
J K Agrawal
(Expert) 10 February 2018
you have only one option to go to the high court for bail.
there are much chances to grant bail.
Police may really take 90 days to file a charge sheet. even after charge sheet there is no chance of bail from lower courts. So you should go to the High Court.
Suppose HC do not take bail even then you have a chance to file again an application before HC after charge sheet being filed.
