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HARISH GANATRA (N.A.)     25 July 2013

Bail solution

A businessman is unlawfully detained in prison for last five weeks + for alleged cheating under section 420. Repeated requested form his lawyer has been turned down. It appears that local taluka majistrate has been influenced to keep him in custody by vested interests. No hearing and no bail being granted and no charges framed all these days. What is the solution - I request advice from legal friends.



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 4 Replies

Sudhir Kumar, Advocate (Advocate)     25 July 2013

come with full facts.

Amit Tungare (lawyer)     25 July 2013

hi harish His remedy is he can move the sessions court for bail and quashing of charges framed by police. secondly he can file a writ in the high court for quashing of charges...but my suggestion will be he should move sessions court first. For any detailed do give me a mail onamittungare@Gmail.com

HARISH GANATRA (N.A.)     25 July 2013

Detailed facts are as follows. The business man was a partner in building construction activity with three other partners. In view of financial difficulties in running the business, he retired from business about three years ago. There are some financial transactions disputes between the partners which are not resolved in spite of several meetings and personal negotiations. Five weeks back, some underworld people picked him from his residence and handed over to the police in a taluka centre where some project was constructed. Now in spite of all legal resource, the local magistrate refuses to hear any pleas and is extending imprisonment without any summons, hearing or legal recourse. Local lawyer pleads helplessness to do anything favourable. Advice requested as to how to proceed in the matter.

Ad Amjad Ali (Advocate )     03 August 2013

Dear

You must ask the FIR report and contact with Local lawyer. Apply for bail after rejection , you have option to move High court.As you said, some wrong was done by you or your partner. Elaborate it if you like, mention your role in this happening.Secondly, File a RTI urgently on basis of life security and  freedom, In 48 hours you will get full information form the police.

There are various options you have to do, it depends upon your case, Good  lawyer can solve your problem. Your businessmen if not Telgi or Raja ,he will get bail  on moving right platform .In case of any difficutly you can contact us or any other Lawyers in this forum .


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