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ubi_raj (none)     27 February 2013

Kindly guide

Respected Sir, There is a complaint case under section 498a, 323, 324, 504, 506 IPC and 3/4 DP Act. Six family members including husband were summoned after recording statement of complainent of 200 and 202. Five family members were released on bail. Husband has got same day order from High court under 482. He plans to move bail. Sir, I have following querries regarding above-

1. Whether this summoning by megistrate has been done under section 88 CrPC. If yes, then as per law whether learned judge should/can give opportunity to prosecution for opposing the bail petition, keeping in mind that maximum punishment in above mentioned sections are not more than three years.

2. Can learned Judge can send the husband to jail? Here I wish to draw attention that the husband has himself come before court on receiving summon to face the trial and respect law. 

3. Whether the landmark decision of Sanjai Chandra Vs CBI of SC enlights the future course of this bail.



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