498,406,34
navdeep gahlawat
(Querist) 15 March 2013
This query is : Resolved
sir please give me advice main 9 din tihar jail main raha ab bail milgayi hai aage kya karna hoga
Advocate M.Bhadra
(Expert) 15 March 2013
Appear when you will get summon from the Court and appoint a criminal lawyer for proper defend.
original report from :A GUIDE TO SURVIVING IPC 498A
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No arrest can be made because it is lawful for the police officer to do so. The existence of the power to arrest is one
thing. The justification for the exercise of it is quite another.
The police officer must be able to justify the arrest apart
from his power to do so. Arrest and detention in police lock-up of a person can cause incalculable harm to the
reputation and self-esteem of a
person. No arrest can be made in a routine
manner on a mere allegation of commission
of an offence made against a person. It
would be prudent for a police officer
in the interest of protection of the
constitutional rights of a citizen and perhaps in his own interest that no arrest should be made without a reasonable
satisfaction reached after some investigation as to the ge
nuineness and bona fides of a complaint and a reasonable
belief both as to the person's complicity and even so as to the need to effect arrest. Denying a person of his liberty is a
serious matter.
-The Supreme Court Of India, Jogi
nder Kumar Vs State Of U.P., 1994
The accused in these cases might have been on bail - but the injustice of pendency of trial for long periods is the
uncertainty and the concomitant anxiety su
ffered by the under-trial. The under-trial is inhibited in making future
plans for his life or executing present ones due to the uncertainty which pendency of trial brings. His confidence starts
to erode and at the end of the trial, even if he is honorably acquitted, the scars of the long trial remain. He feels
condemned despite the acquittal.
-The Supreme Court of India
Raj Kumar Makkad
(Expert) 15 March 2013
aage apne vkeel sahab ke samparak main rhiye aur unke hisab se hi kaam kijiye.
