cpc

arrested for no crime


 

Hello,

 

My friend was arrested in a case in 2006 with few other people under OSA. He was in judicial custody for 90 days but got bail as nothing could be found against him. His dad gave surety of 1 lac as bank fixed deposit. After getting bail in 2006 he wasn't called for any hearing till date & his name doesn't appear in charge sheet or any other order copy.

 

I have below questions:

 

1: What should be the next step to know whether the case has been closed against him?

 

2: If not closed how to appeal in court to get him out of this case?

 

3: If case is closed against him how to withdraw the surety bond submitted at the time of bail in court?

 

4: Does he need a lawyer to submit an application for taking the surety back and what could be the expenses?

 

5: Can he file a defamation case as he lost his job & reputation as his career in a MNC finished due to this?

 

6: If yes where he should file the defamation case as he was working in Pune when he got arrested & the case was filed in Delhi?

 

7: How much amount can he claim for the damages in 2006 he was working for a reputed BPO & his package that time was 150000?

 
Reply   
 
Dy Director

first let him see the court file. There is procedure for applying for the same.

 
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Hello Sir thanks for the reply

just want to know few more things:
Does he need to continue with the same lawyer when he got bail or can he hire a new lawyer to submit an application for taking the surety back and what could be the expenses? also how much time this procedure could take?
where he should file the defamation case as he was working in Pune when he got arrested & the case was filed in Delhi?
He was arrested by CBI under OSA, also in the hearings a lot of bad things were spoken against him & published in newspapers as well so whom he should file the defamation case against CBI or the other accused in this case?
How much amount can he claim for the damages in 2006 he was working for a reputed BPO & his package that time was 150000?

looking forward to hear from you soon

 
Reply   
 
Dy Director

Does he need to continue with the same lawyer when he got bail or can he hire a new lawyer to submit an application for taking the surety back and what could be the expenses? also how much time this procedure could take?

Entirely his choice and decision. None can visualise expenses


where he should file the defamation case as he was working in Pune when he got arrested & the case was filed in Delhi?

You are too fast.  First be sure of the charges are dropped.

He was arrested by CBI under OSA, also in the hearings a lot of bad things were spoken against him & published in newspapers as well so whom he should file the defamation case against CBI or the other accused in this case?


You are now disclosing that he was arrested by CBI

How much amount can he claim for the damages in 2006 he was working for a reputed BPO & his package that time was 150000?

 

You are too fast.  First be sure of the charges are dropped.

 
Reply   
 
Advisory/Advocacy

Hi

 

If you know that the orders do not contain you friend's name then you would also the case title.

 

If the charge sheet was never challenged then there is nothing which was found out against your friend.

 

I think to conclude his father should move an application under 444 Crpc for his discharge as a sureity.

 

Have a lawyer to do it.

 

Three years from the date of discharge would be the limitation period for Defamation in this case...

 

 

Regards

Chetan Joshi

 
Reply   
 
Advocate

You should engage a prudent lawyer to get you out of this trouble, it is not necessary that you should continue with the same lawyer who took out bail, a different and more efficient lawyer of your choice may be engaged in future.  He will answer all your questions, because all the questions raised are procedural formalities,so upon knowing the background of the case properly the counsel approached will be able to guide you properly.

 
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