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Partha Roy (executive)     07 January 2011

Malicious case

how can you take bail from IPC sec 323 324 307 379 since all these allegations were false. how can one take action against such malicious case.



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 3 Replies

adv. rajeev ( rajoo ) (practicing advocate)     07 January 2011

307, 397 are non bailable offence.  IIf accused is not yet arrested file an Anticipatory bail application, but it is not sure it will be granted to the accused.  If accused in custody file a regular bail application u/s 437 of Cr.P.C. and wait for the order.  If bail application wll be rejected except approaching the HIgh Court there is no other way.

N.K.Assumi (Advocate)     07 January 2011

First face the trial and if the charge proved to be false you can file a case of malicious prosecution after acquital.

Vishwanath (business)     02 February 2011

Dear Assumi Sahab,

FIR u/s.420IPC is filed in march 2010, wrongly accused with an intent to cause social disreputation with absolutely no link with alleged offense,obtained AB,Got formal arrest Before the IO as one of the conditions in AB and also obtained regular bail, charge sheet not filed till date. How long should the innocent accused wait, is there no remedy to this pathetic situation. Kindly advise.

Regards,

Vishwanath


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