Case for forging false death certificate of his father for insurance claim
amita
(Querist) 12 September 2011
This query is : Resolved
sir,
i want an advice for regular bail of my husband who has been in judicial custody for more than 80 days in Kurukshetra.on the charges of forging a false death certificate of his father for the insurance claim of 50 lakh, while he doesn't have any knowledge about his policy as it was done in america by his elder brother and my husband has never been to US.His elder brother only paid the premium and his father is a green card holder. now the case is framed in india against my husband that he along with other six people IN WHICH HIS FATHER IS also involved ,had made false death document to claim this policy while he is nowhere a nominee in this policy and he has never seen any policy or he doesnt have any knowledge about insurance company.In police parers whatever documents they have collected all my husbands signatures are shown, which are not his signature.His case is in pehowa(haryana).His regular bail has been rejected in pehowa court,kurukshetra session court now can we apply again in session court.sections 420,467,468,471,120B has been imposed don him. and session court rejected the bail in view of rejection of anticipatory bails of other two co-accused and non availablity of policy papers in IO investigation. His challan has been submitted. while one more co accused arrested has been given bail from lower court in 15 days custody.
can u pls advice me now on what new grounds can we reapply in session court or should we try in high court. what else we can add to get his bail from high court.
Raj Kumar Makkad
(Expert) 12 September 2011
Your husband is main accused in the given case so he cannot be equated with the other co-accused bailed out within 15 days.
As the IO has failed to trace out policy documents even after a long time of lodging of FIR, one accused has been bailed out, nearly 90 days are near to lapse while no charge-sheet has been filed against your husband are some of the grounds which may be inserted in the fresh application before Sessions Court otherwise you may move to HC on all the grounds pleaded in earlier application before Sessions Judge and advised.
if you can wait for next 10 more days then it is better to obtain bail from Session Court if no challan is produced till then.
