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himanshoo1989 (private)     20 November 2016


Few months back my father was murdered...

accused are 3
a man,his wife and his son..

story in nutshell
we purchased a plot in 2003 from a person... there was no property dispute with him as such...my father used to visit our purchased plot once in 15 days as it was quite far from home...
that day as usual my father went there but never returned back...his body was found 10 km away from our our plot in a jungle...
police traced the accused with the mobile phone of the convicted person from the spot...

according to police my father was murdered inside a small room built on our plot...accused house is just adjacent to our plot...the crime is ingenious well planned...the criminals burnt out my father's car, disposed it at some other place deep inside the forest...tried to burn his body...

things recovered near the burnt car were

my father's bag
convict mobile phone

things recovered near the body were

packets of salt
a half emptied bottle of petrol

things recovered from that room

blood stained calender
blood stained bedsheet
grass cutting sickle
blood stained hand mark on the wall

Recently police have filed chargesheet and now the charge sheet have been session committed last week
IPC 302,364 and 201 is imposed on all three of them...

I consulted the IO and he told me that for four months or so they would be in jail but when the trial would run they may get bail...depending on the what point their lawyer would present and the consent of the judge..reason he told me is that law does not favor to detain anyone until and unless the crime done by them is proved ...

I dont want them to get bail ....as earlier they applied a bail request in the session court which was rejected....

Can someone tell me what would be the exact step by step procedure by law ..hearing and all...every thing..

what measure should I take so that their bail should be rejected..?

I am in great sorrow 
please someone HELP!!


 4 Replies

Bail is Right..jail is exception!!!

himanshoo1989 (private)     20 November 2016

If bail is a person's right then why Aasaram is not getting bail...

Ashok Thakur (Senior Lawyer and International Law Consultant)     20 November 2016

I am honestly apethised with your grief and sorrow, but having complexities in your present case and without ruling on the police hand in gloves with the accused party, you need an exceptionally accomplished lawyer to be on your side outside as well as during the Court proceedings and Trial mas quickly as possible.

DISCLAIMER: I am not claiming myself as potential lawyer for you as suggested.

Ashok Thakur, Senior Lawyer and Esq.

Supreme Court of India and United States


Samarpan (M)99958670740 (Free legal advice and legal aid cell)     21 November 2016

You engage a good lawyer.  In criminal proceedings, the role of victim's lawyer is limited and he should take permission of the court to appear to protect the rights of the victim and after obtaining such permission, he would work in tandem with the Public Prosecutor, where PP has the main role.  Once accused will file bail application  definitely PP will oppose bail.  But your advocate will put his separate and solid arguments against granting the bail to the accused.  If trial court gives bail, then your advocate will appear in High Court for setting aside of the bail order.  So engage a good advocate. 

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