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misuse of 498a

Querist : Anonymous (Querist) 12 May 2011 This query is : Resolved 
We are facing false 498a, 406, 34. Police people arrested my brother without arrest warrant or search warrant as the IO is neighbor of girl. Next day police presented the boy before the session judge who sent him Jail for 14 days because he was annoyed with us as he asked to give the amount demanded by girl side, which was denied by my family. Before that event the same judge rejected my brother and his wife bail applications who lived 4 km away with 4 & 6 years old children. Our lawyer filed bail application for my brother in session court but still it was neither refused nor accepted by session judge. The judge has been giving one hearing after another. How to get bail for my brother. Is any solution to release him out from jail? Our lawyer says that judge used this method for 3 months. Please guide us. Thanks in advance.
PARTHA P BORBORA (Expert) 12 May 2011
As the case is registered under Section 498-A OF IPC the maximum detention period is 60 days if no charge sheet submitted by the I/O.
Bail is purely discretionary matter. There is no hard and fast rule. As well as every accused has the right to bail. In my opinion the Session judge will allow the bail application when he convinced that further detention of the accused is not necessary for the interest of investigation.
Querist : Anonymous (Querist) 12 May 2011
Sir, Session Judge is not allowing bail to my brother. In 10.05.11 order he wrote "no arrest till 21.05.11" actually my brother has already in jail since 14 days back. How can we knock the door of High Court.
Kiran Kumar (Expert) 12 May 2011
its strange that the Sessions judge is giving erroneous observation in his orders.

if there is something seriously wrong with the proceedings then bring the matter to the knowledge of High Court for proper action against the concerned judicial officer.

prior to making any complaint with the HC, inspect the entire record.
Querist : Anonymous (Querist) 14 May 2011
Sir, our advocate says that first Session Judge has to accept or reject the bail application only then we will move to High Court & now Session Jugde is on leave and the next hearing is on 26.05.11


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