Arrest and case for lockdown for corona virus


I have been arrested on 188 IPC in April 2020 for going out when it is lockdown for purchasing grocery. Now I have got an-interim bail from the court on August 2020 and the court asked me to appear me again on Feb 2021. My question is how long this case will go? How I can get out of this case? Is my lawyer intentionally extending this case? Please see the attached file for a copy of this case details.


Attached File : 311320 20210118115743 20210118 113128 forum.jpg downloaded 25 times
 
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The charge framed upon you under Section 188 IPC (Indian Penal Code), 1860 defines "Disobedience to order duly promulgated by public servant."

In detail the act states - "Whoever, knowing that, by an order promulgated by a public servant lawfully empowered to promulgate such order, he is directed to abstain from a certain act, or to take certain order with certain property in his possession or under his management, disobeys such direction,

shall, if such disobedience causes or tends to cause obstruction, annoyance or injury, or risk of obstruction, annoyance or injury, to any person lawfully employed, be punished with simple imprisonment for a term which may extend to one month or with fine which may extend to two hundred rupees, or with both;

Moreover, if such disobedience causes or trends to cause danger to human life, health or safety, or causes or tends to cause a riot or affray, shall be punished with imprisonment of either descripttion for a term which may extend to six months, or with fine which may extend to one thousand rupees, or with both."

The last paragraph portrays your situation. As you've mentioned in your query, you have been charged u/s 188 IPC for not following lockdown rules in Corona Pandemic and by doing so you've put your life and the life of others at risk, which isn't negotiable and a strict punishable offence as well.

And the punishment for such an act is imprisonment (maximum for a period of 6 months) along with a fine of 1,000 (INR). Since you're punishment has only been upto 4 months out of the 6 months as per the offence it appears that it cannot be stated that you've completed your punishment for all {i.e. YOU CAN END UP 2 MONTHS MORE IN IMPRISONMENT OR CAN BE RELEASED AS SOON AS POSSIBLE}. However, both the situations are reliable on the Decision of the Court.

The Lawyer can only represent you, and as mentioned above the final decision relies totally on the court. Therefore, it wouldn't be just to Blame Your Lawyer for Intentionally Extending the Matter.
 
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No, from April to August I have not been imprisonment.

Police and lawyer asked me to pay 3000 INR in the police station on April 2020 when they arrested me. After taking 3000 INR, immediately police have released me from the police station. But police did not give me any documents. Lawyer said that this 3000 INR is for bail.

Then lawyer asked me to appear me in court on August 2020 for bail confirmation. I have appeared and got interim bail from court on August 2020.

So my question is, when this case will be completed because I have to go outside of the country for my job?

 
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Alright so since you've already been granted Interim Bail in August by the court itself, this is means the matter would not be stretched any further.

Therefore, you can ask for the disposal of the matter on the basis that you've been a law abiding citizen after the incident and have already received the Interim Bail from the honourable court. This would help you to get your matter disposed off quickly.
 
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Originally posted by : Kevin Moses Paul
Alright so since you've already been granted Interim Bail in August by the court itself, this is means the matter would not be stretched any further.Therefore, you can ask for the disposal of the matter on the basis that you've been a law abiding citizen after the incident and have already received the Interim Bail from the honourable court. This would help you to get your matter disposed off quickly.

I have asked lawyer that on Feb 2021, will the case will be solved. The lawyer told me that after appearing on Feb 2021, again another date will be given by the court. So I am asking in this forum that is the lawyer intentionally extending this case?

 
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I've already answered this query in my first response last paragraph.

NO YOUR LAWYER ISN'T INTENTIONALLY EXCEEDING THE MATTER.
 
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Originally posted by : Kevin Moses Paul
I've already answered this query in my first response last paragraph. NO YOUR LAWYER ISN'T INTENTIONALLY EXCEEDING THE MATTER.

Then how many times I have to appear in the court?

 
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You have to appear before the court for 2-4 dates maximum (including your February date). Most probably, looking at your matter the court might dispose off the matter in the next date (i.e. after the February date).
 
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