Bail in u/s 379,420,482,411,34 ipc
Ayaz Khan
(Querist) 02 May 2013
This query is : Resolved
(Its Urgent)
My cousin was wrongly arrested by the Police of Crime Branch and he was involved in a FIR of car theft which was already registered in another police station. When the police arrested him, the I.O. contacted us and demanded 3 lakh rupees from us,and also threatened us that on failure to pay this amount he will plant various cases up on my cousin. So due to ignorance and fear we paid him 2.50 lakh rupees, but the I.O. was not ready to settle without the full payment, and result of this my cousin was presented before the court and police made a story that he was arrested on the secret information, along with the stolen car bearing a fake number plate. He was took on 4 days PC remand, During the remand he was forced to make a discloser statement and 3 other pending FIR of car theft were planted upon him. Then he was sent to jail by the Court,along with 2 other persons. And from last Since 1 month 6 days he is in Jail. He has been granted bail in all other 3 planted FIRs but not in the one in which he was arrested. My lawyer moved 2 times Bail application before the C.M.M court but both of them were rejected,then he filed the bail before session court but same was dismissed too. Now please suggest me what to do, as he is innocent and has nothing to do with these cases. Please help me what to do next as my two bail applications have already been dismissed by the C.M.M. court and one by Session court in the same FIR. Should i go to High court or not for the bail. Some people are suggesting me to go to high court and some are telling me not to do so. More over i am afraid that after these dismissals of bail in lower court and session court the High Court will also go with them, and if unluckily the high court also dismisses my bail then lower court will not entertain my Bail application in future. Please suggest me what should i do now.
DEFENSE ADVOCATE.-firmaction@g
(Expert) 02 May 2013
Getting bail is expert job and unless an advocate properly goes through all the papers of the case such type of problem comes.
If you can afford than you should get a proper expert and than go to HC or wait for charge sheet to be filed.
If it delayed you can get bail at lower court itself or thereafter better chances depending upon the lapses of IO to collect proper evidence against the accused.
ajay sethi
(Expert) 02 May 2013
what were the reasons given for rejecting bail application ? contact a HC lawyer and go by his advise .
Nadeem Qureshi
(Expert) 02 May 2013
Dear Ayaz Khan
the bail should be right and jail should be exception. the main object of bail is secure the appearance of the accused. File bail application before HC and argue the matter with the HC/SC Judgments, defenatily the court will grant the bail. don't think about lower court now.
Feel Free to Call
Raj Kumar Makkad
(Expert) 02 May 2013
You have no other option but to approach HC for bail and generally it is granted after some time.
R.K Nanda
(Expert) 18 May 2013
no more to add.
