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PRADEEP SHAW (oFFICE ASST)     24 August 2017

About 498a

Sir My 498a Arguments were over and opp lawyer means PP also completed his argument. I have also submitted written argument. Girls itself admitted that the torture happened in her matrimonial home not in her parents home but case filed from parents home and she failed to provide any medical report Police itself admitted that no any independent witness or medical report was provided him during investigation by which it can observe that any torture happened due to sand of dowry . Now my judgement on last date of august means 30/08/17 . what happen if lower court convicted me. If convicted then same time and day I have sent to remand or I have to given time for taking fresh bail and appeal in upper court pls suggest I am very much tenses about the same. Regards Pradeep Shaw


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 13 Replies

PRADEEP SHAW (oFFICE ASST)     24 August 2017

Case details is 498a read with sec 34 and DP ACT 3/4 ACCUSED HUSBAND AND MOTHER OF HUSBAND ARGUMENT FINISHED JUDGEMENT DATE ON 30/8/17 Sir My 498a Arguments were over and opp lawyer means PP also completed his argument. I have also submitted written argument. Wife itself admitted that the torture happened in her matrimonial home not in her parents home but case filed from parents home and she failed to provide any medical report Police itself admitted that no any independent witness or medical report was provided him during investigation by which it can observe that any torture happened due to sand of dowry . Now my judgement on last date of august means 30/08/17 . what happen if lower court convicted me. If convicted then same time and day I have sent to remand or I have to given time for taking fresh bail and appeal in upper court pls suggest I am very much tenses about the same. Regards Pradeep Shaw

Sachin (N.A)     25 August 2017

Generally, if trial court convicts you and pronounce the sentence of imprisonment and if imprisonment is less than 3 years court will grant you bail else send you to jail.

And then you will file appeal and bail in appeal court.

To AVOID to go to jail. If trial court convicts you DO NOT DO ARGUMENT ON QUANTUM OF SENTENCE.

Ask the court to grant you the time for APPEAL AGAINS CONVICTION.

In that case court will not pronounce the sentence of imprisionment and you will need not to go to jail.

 

Siddharth Srivastava (Advocate)     25 August 2017

There is nothing to worry. Carry an application for bail and file the same in trail court if court order for conviction. The ground of appeal should mainly for filing appeal. Challenge the order in appeal where you shall be required to obtain bail from appellate court. Generally trail court accept bail and grant time for filing appeal in higher court. Nothing would be served by being tensed. Sidharth 9811776422

PRADEEP SHAW (oFFICE ASST)     26 August 2017

Respected Sir,

                        Thanks for your valued reply.  Sppose that If i get Convicted from Lower Court then , Please guide me the Procedure to appeal the Order passed by Lower Court in Upper Court ( Distric Sesson Court) . If any Templete to appeal the same in Upper Court the Please share which will be helpful for me. Also Guide me the section on which i appeal it in district court .

My Wife did not give any Medical Report,  Also she admitted in her cross that the Torutre held upon her at her matrimonial home but she filed the case from her parental home (Both are differenet state) Juriscdication are also different . Police also admitted that he never visit at accused residence for investigation and also admitted that Complainaint did not provide any medical report & no any indepedent or eye witness is supported to this incident by which it can be identified that complaint reallin beaing tortured by accused due to deamd of dowry. 

What will be the result of judgment if all this things are clearly mention during argument. 30 august 2017 judgment date. What is chances for acuital. Please guide. 

               

PRADEEP SHAW (oFFICE ASST)     26 August 2017

Respected Sir,

                        Thanks for your valued reply.  Sppose that If i get Convicted from Lower Court then , Please guide me the Procedure to appeal the Order passed by Lower Court in Upper Court ( Distric Sesson Court) . If any Templete to appeal the same in Upper Court the Please share which will be helpful for me. Also Guide me the section on which i appeal it in district court .

My Wife did not give any Medical Report,  Also she admitted in her cross that the Torutre held upon her at her matrimonial home but she filed the case from her parental home (Both are differenet state) Juriscdication are also different . Police also admitted that he never visit at accused residence for investigation and also admitted that Complainaint did not provide any medical report & no any indepedent or eye witness is supported to this incident by which it can be identified that complaint reallin beaing tortured by accused due to deamd of dowry. 

What will be the result of judgment if all this things are clearly mention during argument. 30 august 2017 judgment date. What is chances for acuital. Please guide. 

PRADEEP SHAW (oFFICE ASST)     26 August 2017

Respected Sir,

                        Thanks for your valued reply.  Sppose that If i get Convicted from Lower Court then , Please guide me the Procedure to appeal the Order passed by Lower Court in Upper Court ( Distric Sesson Court) . If any Templete to appeal the same in Upper Court the Please share which will be helpful for me. Also Guide me the section on which i appeal it in district court .

My Wife did not give any Medical Report,  Also she admitted in her cross that the Torutre held upon her at her matrimonial home but she filed the case from her parental home (Both are differenet state) Juriscdication are also different . Police also admitted that he never visit at accused residence for investigation and also admitted that Complainaint did not provide any medical report & no any indepedent or eye witness is supported to this incident by which it can be identified that complaint reallin beaing tortured by accused due to deamd of dowry. 

What will be the result of judgment if all this things are clearly mention during argument. 30 august 2017 judgment date. What is chances for acuital. Please guide. 

Siddharth Srivastava (Advocate)     26 August 2017

You have seem to have provided a portion of evidence which is suitable to you but the case is required to be examined in all respect to give reply to the merit of the case. So seem to have good case if other facts support to you. There are chances of win but keep your finger crossed as it depend on judge as to how he appreciate the facts. In case of need consult with details. Let the advocate draft appeal if need so arise. Sidharth 9811776422

PRADEEP SHAW (oFFICE ASST)     26 August 2017

I want to write the draft of APEAL by myself so pls share any template if u have

Siddharth Srivastava (Advocate)     26 August 2017

Leave some work to your advocate also. Every person cannot be master of all subject secondly the format may be same but drafting of appeal is a skill of an advocate.

PRADEEP SHAW (oFFICE ASST)     26 August 2017

The format may be same means which format u want to say (argument format) Actually I know my advocate will not prepare it because all lawyer of that place is same type that's why I am asking so

PRADEEP SHAW (oFFICE ASST)     26 August 2017

The format may be same means which format u want to say (argument format) Actually I know my advocate will not prepare it because all lawyer of that place is same type that's why I am asking so

PRADEEP SHAW (oFFICE ASST)     26 August 2017

The format may be same means which format u want to say (argument format) Actually I know my advocate will not prepare it because all lawyer of that place is same type that's why I am asking so

Siddharth Srivastava (Advocate)     26 August 2017

Format means format of appeal. As such there is no format of argument and drafting depends on skill of an advocate.

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