Got interim bail from hc. queries on police investigation


Hi All,
 
I, my elder brother and my mother, all three of us got interim bail from Jodhpur HC. It is most probably of 2 weeks but not sure since we do not have the order in our hand as yet. Our lawyer has told us to go to Udaipur and cooperate with police investigation. I have a few questions around police investigation
 
I will be leaving for Udaipur in a few days. I will go to the Udaipur Mahila Thana and meet the SHO/Investigating officer and tell her we have come to you to cooperate in the investigation and give our statements.
 
1) What if the SHO/IO does NOT make any entry in the case diary that we had come to the police station??????????
2) I want some proof in hand that I cooperated in the police investigation. Should I submit a letter to the Udaipur Mahila Thana which states that I have come to the Mahila Thana to cooperate in the investigation and take an acknowledgement/stamp from them on the photocopy of this letter? Will they give an acknowledgement? I really doubt this. I want solid proof in my hand that I went to the Mahila Thana and cooperated in the investigation. Please tell me the tricks & techniques for this.
3) For how many days should I stay in Udaipur, and how many times should I go to the Mahila Thana. Is going there for ONE whole day enough?
 
Regards,
Gaurav
 
Reply   
 
lawyer

1. check the website of hc for orders. 

2. if the ab was ordered and u were not present there, the io will be having knowledge as io is the party to the case at hc.

2. ur ab is for joining investigation which will be proved. no worries. go as and when called by io

 
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LAWYER

Agree with Adv. Pathak. Go there as & when called by the IO.

 
Reply   
 

Hi Manoj/ Adv Pathak,

 

I am going to meet the IO (lady SHO) next week. But my concern is if she doen't record anything in the case diary about my going there and giving statements to her then what? You all know our police can do anything. She may still say I did not meet her. How do i ensure appropriate entries are made in the case diary?

Regards,

Gaurav

 
Reply   
 

understand the situation submit if any documentary proof you have and take acknoqledgement on that 

you can go to her and give your presence in the same way if you have a order copy then submit to the officer and take acknowledgement as your lawyer said to submit and take acknowldgement and also give a letter stating about the order on that you can take acknowledgement

 
Reply   
 
LAWYER

Agree with K.Mahesh.

Take a formal letter from u r Advocate giving reference to the HC Order for co-operation. State u r willingness to co-operate & take acknowledgement. 

 
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Advocate/ nadeemqureshi1@gmail.com

Dear Querist

first of all read the HC order, if the HC direct to co-operate investigation then send a letter to IO via Speed post or registered post and inform him/Her that as per the direction of HC you are ready to co-operate to investigation and please infoem me when and where we have to come.

One copy of this letter with the receipt is sufficent to show before HC that you were willing to co-operate investigation.

Feel Free to Call

 
Reply   
 
lawyer

dear>>>>>>>>> io will be writing the jimany that as per the ab granted by hc u presented urself and joined the investigation. the io will get ur signatures on that jimany. this paper is officialy known as the investigation joining report.

then ur statements will be recorded u/s 161 crpc which will also bear ur signatures. 

 
Reply   
 
lawyer

ALSO TAKE NOTE>>>>>>> TO TAKE UR SURITIES ACCORDING TO THE ORDER WITH U FOR FURNISHING BAIL.

IT MAY BE PERSONAL SURITY ONLY OR PERSONAL SURITY WITH 1 OR 2 OTHER SURITIES OF SAME AMOUNT AS THE ORDER SAYS. 

AS THE BAIL IS INTERIM , THE REPORT WILL BE SENT TO HC THAT U HAVE JOINED THE INVESTIGATION AND THE BAIL WILL BE ABSOLUTE.

 
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161. Examination of witnesses by police.

(1) Any police officer making an investigation under this Chapter, or any police officer not below such rank as the State Government may, by general or special order, prescribe in this behalf, acting on the requisition of such officer, may examine orally any person supposed to be acquainted with the facts and circumstances of the case.

(2) Such person shall be bound to answer truly all questions relating to such case Put to him by such officer, other than questions the answers to which would have a tendency to expose him to a criminal charge or to a penalty or forfeiture.

(3) The police officer may reduce into writing any statement made to him in the course of an examination under this section; and if he does so, he shall make a separate and true record of the statement of each such person whose statement he records.

162. Statements to police not to be signed: Use of statements in evidence.

(1) No statement made by any person to a police officer in the course of’ an investigation under this Chapter, shall, if reduced to writing, be signed by the person making it, nor shall any such statement or any record thereof, whether in a police diary or otherwise, or any part of such statement or record, be used for any purpose, save as hereinafter provided, at any inquiry or trial in respect of any offence under investigation at the time when such statement was made:

 
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