Criminal Trident Pack: IPC, CrPC and IEA by Sr. Adv. G.S Shukla and Adv. Raghav Arora
LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Puneet Srivastava (Engineer)     04 June 2011

False murder charges

Hello everybody,

Please help.It's the question of someone's life.

I am very sad to write that last week somebody put false murder charges on my friend while he with his younger brother and family was at home busy in day to day tasks. In his locality there was one person who got murdered. Somebody from his family filed complained on name of my friend just because a year back my friend [by law] filed a complain against this guy in reference of a property dispute.Need to mention that after a year delay issue got settled, during which this guy visited Jail as well since he was the one creating problem and was not agree to settle but at end he did.

Finally issue got resolved two months before.Everything was OK.Suddenly last week this GUY got murdered, and immediately his family filed complained against my friend, just because they had dispute in past.

Police arrived, they broke the door of my friend house without any reason, beaten him and his younger brother and took them to Police station. 

There something horrible happened.My friend younger brother has POLIO in his legs.Police beaten both of them brutly and then asked my friend to accept the murder crime on his name otherwise they will kill his younger brother.They even gave him a gun to take in hands so that they can take finger prints.My friend love his younger brother a lot, and so just to save brothers life, he agreed to accept the crime which he did not commit.

This is our police, who worked for the ones who throw money on them.

Now i really don't know how can i help him to fight against the evil.He is a family guy. This way he and his younger brother will loose there life there career behind the bars..I don;t know if i can apply for a bail.where and when?

One Advocate told us that we need to wait for three months and before that even the bail is also not possible.Is this true?

Even a single day is a horror for them inside bars and i really don;t trust on corrupt Police there.

Please help.

 

thanks a lot.

Puneet



Learning

 7 Replies

S. Kasimayan (officer)     04 June 2011

Puneet do not worry. Consult some criminal advocates and follow their advice. We must understand that the real life is very tough 90% of hte police cases are false. Unfortunatly Judiciary is not realised this even after 60 years of independence. All the system seriously suffers from the British legacy. Now tell me the confession was u/s 164 of CrPC or Police confession. How the muder took place, when and where and what was the weapon used, what is the result of postmordem. If you do not fight your case, courts will simply confirm the case beacuse it is muder case, they forget that every accused is innosent till ptoved beyond reasonable doubt. Good luck, fight it out you have good case. You can cantoct me kdrmayan@yahoo.com for free amature legal advice.

Puneet Srivastava (Engineer)     04 June 2011

thanks a lot Mr.Kasimayan,

We are already in contact with one criminal Lawyer but he says you need to wait for 3 months which i really don;t understand.We can not wait for such a long period and that too just for bail.

I will be sending the complete information on your email id.

thanks again Sir

 

Regards

Puneet Srivastava

adv. rajeev ( rajoo ) (practicing advocate)     04 June 2011

you cannot do anything till your frnd get baill he will have to be in jail. 

Om Prakash Dhusia (HR assistant)     04 June 2011

I have been repeatedly emphasizing the expert to kindly don't submit the ONE LINER replies to queries because these people are all simply the lay men and the advocates are there to squeeze them for their ignorance about the very simple things and I have negative attitudes towards these advocates and I always claim them to be NECESSARY EVIL but at the same moment I am not blaming whole of the community at large but it is very difficult to separate the honest among the dishonest lot.

If the police is bent upon to thrash the victim it would do so and  no law, no court, no organisation can stop it.I have seen police arresting a suspect from inside the court  in the presence of judge and the judge could do nothing.The moment victim gets bail, he would again be falsely implicated in another case or can be picked up from the road on the way to home. Please remember this is Indian Police beyond any law which I have been emotionally mentioning all the times.

Since this is a murder case police would be allowed to file final report/chargesheet within 180 days, so let the final report/chargesheet be filed in the CMM/CJM court and then seek bail, it would be more conducive otherwise he would be in trouble and this is our practical experience and not just fiction.

Please dont beat the bush of BRITISH LEGACY for everything INDIAN. Indians are the worst enemy of Indians so dont just bang your head on BRITISH please.

Confession before police is non admissible in the court. If something incriminating recoveries have been made u/s 27 Evidence Act and if so, even that is also not the final. One can retract his confession u/s 164 CrPC which is recorded before the Magistrate, which may not be in the instant case.

If police would be able to produce any PLANTED RECOVERY i.e un-identified skull, parts of dead body or like then Session may not grant bail for the first time or you may have to approach the High Court after rejection from Session.

Dont lose your heart though it is very simple to say so. We suffered for Eleven years and despite all our innocence gor convicted only because of a fool called advocate.Please dont conclude that the GRAPES ARE SOUR.

The world is vary harsh and India the worst among them but I still have hope for the better future. Sounds hypocratic?

Regards

ashwani vij (head)     06 June 2011

dear friend its unfortunate to know ur friends story. any statement made before a police is inadmissible before the court of law. some one has guided u wrong that u cant move a bail application before 90days. u can move bail application anytime. its a discreation of court to grant a bail. u can call me anytime to get a further advice if needed. ashwani vij 09810400448

ashwani vij (head)     06 June 2011

dear friend its unfortunate to know ur friends story. any statement made before a police is inadmissible before the court of law. some one has guided u wrong that u cant move a bail application before 90days. u can move bail application anytime. its a discreation of court to grant a bail. u can call me anytime to get a further advice if needed. ashwani vij 09810400448

Om Prakash Dhusia (HR assistant)     11 June 2011

Mr Vij: I never suggested that it is impossible to get bail before 90 days. Kindly read my view carefully. If a crime where maximum sentence would be 7 years the police has to submit its final report/chargesheet within 90 days and if it involves a  life or capital punishment police is required to submit its report within 180 days.

My only suggestion was that if police wanted to thrash you and still if you seek bail before submitting the final report, it can again implicate and arrest you in some false cases and can even pick you up from the very eyes of the judge and judge would be there sitting like a duc

And the querist had already submitted that police wanted to avenge and play with their life.

As option for seeking bail is always present and there are biased judges too who would only listen to the police.

I have quoted the latest episode of baba Ramdeo where despite every thing being stage managed,  but can baba Ramdeo return to Delhi as a free citizen is what matters.

You are professionals not interested for the welfare of the innocents but for the fees. it may sound HARSH but truth is always bitter than FICTION and  I may be commiting a sin for pre-judging you but that is what the norm is throughout the world.During  bail request no evidence in defence is entertained. It is always the judge to decide and the judge is an human being but not an institution himself.

Regards


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register  


Start a New Discussion Unreplied Threads



Popular Discussion


view more »




Post a Suggestion for LCI Team
Post a Legal Query