Delay in getting bail
ashutosh
(Querist) 28 November 2013
This query is : Resolved
Hello everyone,
My brother is spending in jail because his wife hanged herself.Her parents house was just two KM from my brother house ,she didn't go there.My brother was in office at that time.My brother called on 100 number when he heard it.Their marriage was only 1 year old.she wrote in suicide note that no one is responsible for her death with her sign and date.Her postmortem gave the hanging with no physical injury. His in-laws has put my brother and mother in jail in Varansi(498A and 304B).My mother got the bail in one month but session court rejected the bail of my brother saying since he is the husband.
I applied for bail in Allahabad HC on may 2013.Since i had to do my job so i came back to Bangalore.But i was regularly in touch with my lawyer.First he said he will get him bail in one month,then he said that your case has gone in listing whenever it will Unlist then only hearing will happen.I am still waiting when god will listen me or when this system will be changed.
My brother is still in jail.In laws are asking money to withdraw the case.We don't have any other option because i trusted on judicial system but it showed the real picture that our Judicial system can not do any thing on this legal terrorism.
Please advice me that it really take so much time to get bail even if everything is in our favor or is it the way of juridical system is running.
malipeddi jaggarao
(Expert) 29 November 2013
Pursue with your advocate.
Do not blame the judicial system.
Blame the society which lead a newly married women to commit suicide.
Ms.Nirmala P.Rao
(Expert) 29 November 2013
File petition under Section 482 CrPC before the State High Court seeking the Court for direction to the trial court before which the bail application is pending to expedite the hearing of the bail petition and expeditiously grant bail. As per the recent Supreme Court decisions, only in offences of very serious nature only, bail is to be rejected and in all other cases grating bail is the rule and refusal is exception. If you wish to thank me for this reply, please click the thank you button on my profile.
Rajendra K Goyal
(Expert) 29 November 2013
Continuously follow up with your lawyer.
ashutosh
(Querist) 29 November 2013
I want to know that is there something called Listing or Unlisting of the case.Thats why my case is not able to come for hearing.
What can i do so that my case hearing will happen as soon as possible.
If any one can tell me some senior criminal lawyer in Allahabad HC who can do my job earliest.
Satya Mani Tiwari
(Expert) 29 November 2013
As per your version it should have been a case u/s 306 or proceedings under 174 crpc, but its 498A along with 304B which is serious, you are worried about your brothers bail, not thinking about why your bhabhi committed suicide after 1 year of her marriage, some where down the line there must be some serious issue which is pending investigation. Its best to wait out till police files final report of investigation which must be most probably a charge sheet against your brother. Its best for you to take leave from your job & meet the investigation officer of police & discuss the course of action being taken by him.If you do not meet him IO may file charge sheet against your brother along with your mother as co-conspirator u/s 120b or u/s 109 ipc Thereafter meet the advocate & ask him to get listed the case as URGENT PENDING BAIL. I am sure you will come to know how judicial & police system of India works. You will be less critical afterwards
Biswanath Roy
(Expert) 29 November 2013
There is legal proverb that delay in proceedings means denial of justice which is well within the knowledge of our Jurists and Lawyers. However, Lawyers cannot deny their duties to accelerate the case for the interest of their clients.
T. Kalaiselvan, Advocate
(Expert) 29 November 2013
Mr. satya Mani Tiwari has given some valuable suggestions, please follow it if liked.
Biswanath Roy
(Expert) 30 November 2013
In the case of State of Maharashtra vs, Ananta Chintamoni Dighe reported in AIR 1990 SC 625 Hon'ble Supreme Court provided guidelines for exercise on judicial discretion``while granting Bail as under "There are no hard and fast rules regarding grant or refusal of bail, each case has to be considered on its own merits. The matter always calls for judicious exercise of discretion by the court. Where the offense is of serious nature, the Court has to decide the question of grant of bail in the light of such considerations as the nature and seriousness of offense character of the evidence, circumstances which are peculiar to the accused, a reasonable possibility of presence of the accused not being secured at the trial and the reasonable apprehension of witness being tampered with, the larger interest of the public or such other similar considerations"
ashutosh
(Querist) 01 December 2013
I have some phone recordings where girls family have asked money to withdraw the case.can i show it as proof in trial.This kind of proof are valid or not?
RAKHI BUDHIRAJA ADVOCATE
(Expert) 01 December 2013
Dear Author,
There are many queries to make clear from ur side. Is there any possibility to have words with you?
V R SHROFF
(Expert) 01 December 2013
meet IO, get more facts ;
Biswanath Roy
(Expert) 01 December 2013
To treat the phone calls as a part of your evidence the burden shall lie upon you to prove firstly, the phone call was made by any family member of the opponent Secondly,you shall have to make identification of caller's
voice. Then and then only it will be treated as collateral evidence.
ashutosh
(Querist) 13 April 2014
The girl family has withdrawn the case after paid them money and session court has dismissed the case against my brother and mother.Now girl family are forcing my brother to get married with their other daughter other wise they will reopen the case.My brother has no other option so he is agreeing on marriage.I tried to stop but he is saying he doesn't want to go jail again if they will reopen the case.court marriage are likely to happen.
My concern is after getting married again they can put some kind of false dowry harassment case against me since i am his own brother.i live in different city as well as i have already given for legal partition of property with my brother in my district court so that i can tell to court that i don't have any connection with his family.
Can you suggest me if i can take any legal precaution so that in future if they will put any kind of dowry case against me, i can show that before court.
Thanks
Ashutosh
ashutosh
(Querist) 19 April 2014
Please anybody there who can give some input on my above query like what legally i can do to protect myself from this deadly dowry act which they might put on me.
malipeddi jaggarao
(Expert) 21 April 2014
Your brother (not you) can lodge a police complaint for the false threats. Once the case is closed from their side, it is not so easy to reopen again.
