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need advice against police harrasment


Hi,

I need some help regarding one of my friend who has been recently arrested by Kolkata police.

My friend belongs to a lower middle class family and is into Iron scrap business.Recently he purchased some scrap Iron from a guy but after few days the police came and arrested him stating that the Iron he purchased was stolen from government property and the guy who sold it to my friend has pointed his name.

The thief that police arrested had also stolen a gold chain and he is claiming that he had sold the chain to my friend but my friend has not bought any such thing from that man.

The police after arresting my friend has taken him into Police custody till 17th Nov.

Now when we went to talk to the Police officer (who is handling the case ) regarding my friend's bail,he is threatneing us that he won't alow the bail to happen and there is no way my friend is getting out of the jail.

My friend being a simple man had already accepted in front of the police that he purchased the Iron scrap from that thief but he did not buy the chain.But the police is not accepting it.

In fact the Police officer is now asking that we either return him the Gold chain(14 gms) or pay him money for 9 gms gold and only then he is going to allow bail.

So I just want to know how to proceed in this case.

Is there any way we could get my friend released on bail during Police custody and can the Police stop the bail ?

we did consult a lawyer but the lawyer has asked us to settle things with the police first before we can get a bail.

Also since the thief is lying that he has sold the chain to my friend,Do we need to prove it that the thief is lying.If yes,how ?

A quick response will be highly appreciated.

 

Thanks

Deepak

 
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Assistant

First of all l will ask you to get a good and efficient lawyer to take up your friends case. It appears that your friend must be in judicialcustody i.e. in jail.  Make a application for bail in the court showing some document that your friend is a scrap dealer by profession and even if the goods were stolen one your friend had no knowledge of it and he was just an innocent buyer. As regard the gold is concern do not accept anything out in pressure from police.

 
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Sr. ADVOCATE Bombay High Court Mob: 9892432152

IT IS THE PRICE U PAY DIRECTLY OR INDIRECTLY :

To authorities concern, or face Legal harassment . They have some rights

Honesty is sold.. 

 
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lawyer

Go for bail ,It is the court which has to decide that your friend has commited theft or not.

 
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Originally posted by : Deepak

Hi,

I need some help regarding one of my friend who has been recently arrested by Kolkata police...............................................................A quick response will be highly appreciated.

Thanks

Deepak

Take help of some honest and skillful lawyer to get bail and fight the case. Since Liberty is guaranteed under Article 21 of the Constitution, getting bail is a right and going to jail is an exception. There are many related court judgements. One of them by Supreme Court is Siddharam Satlingappa Mhetre vs State Of Maharashtra And Ors. on 2 December, 2010. You can read the judgment here http://indiankanoon.org/doc/1108032/

Originally posted by : V R SHROFF

IT IS THE PRICE U PAY DIRECTLY OR INDIRECTLY :

To authorities concern, or face Legal harassment . They have some rights

Honesty is sold.. 

Shroff Sir you are speaking the truth and reality. The same truth has been spoken by wise men all through the ages. History of civilization shows that honesty in governments always gets sold when there is no fear of the people.


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‘‘To disarm the people is the best and most effectual way to enslave them.’’— George Mason


"Necessity is the plea for every infringement of human freedom. It is argument of tyrants. It is the creed of slaves."  William Pitt in the House of Commons November 18, 1783


"Both the oligarch and tyrant mistrust the people, and therefore deprive them of arms." - Aristotle


"Only an armed people can be truly free. Only an unarmed people can ever be enslaved."- Aristotle

 

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“The two enemies of the people are criminals and government, so let us tie the second down with the chains of the Constitution so the second will not become the legalized version of the first.” – Thomas Jefferson

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"When injustice becomes law, then Rebellion becomes duty!"-Thomas Jefferson


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”A free people ought not only to be armed and disciplined, but they should have sufficient arms and ammunition to maintain a status of independence from any who might attempt to abuse them, which would include their own government.”~George Washington


"God grants liberty only to those who love it, and are always ready to guard and defend it."- Daniel Webster


‘‘Guard with jealous attention the public liberty. Suspect everyone who approaches that jewel. Unfortunately, nothing will preserve it but downright force. Whenever you give up that force, you are inevitably ruined’’— Patrick Henry


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‘‘The right of self-defense is the first law of nature; in most governments it has been the study of rulers to confine this right within the narrowest possible limits. ... and when the right of the people to keep and bear arms is, under any color or pretext whatsoever, prohibited, liberty, if not already annihilated, is on the brink of destruction.’’— Saint George Tucker, Judge of the Virginia Supreme Court 1803


‘‘To preserve liberty, it is essential that the whole body of people always possess arms, and be taught alike, especially when young, how to use them...’’— Richard Henry Lee, 1787


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‘‘Laws that forbid the carrying of arms... disarm only those who are neither inclined nor determined to commit crimes... Such laws make things worse for the assaulted and better for the assailants; they serve rather to encourage than to prevent homicides, for an unarmed man may be attacked with greater confidence than an armed man.’’— Thomas Jefferson's "Commonplace Book," 1774-1776, quoting from On Crimes and Punishment, by criminologist Cesare Beccaria, 1764


‘‘We, the People are the rightful masters of both Congress and the courts  — not to overthrow the Constitution, but to overthrow men who pervert the Constitution.’’— Abraham Lincoln


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