82crpc
sushma
(Querist) 09 September 2017
This query is : Resolved
Sir,
498a is filed against my brother 4 years back, he is living and working in jaipur but the case filed in lucknow, he applied for bail in high court, but due to some reason he was not taken the bail and also not attend the case. so 82crpc issued against him, on 16th Aug he got punished and putted in jail. now when every his advocate applied for bail the other party come with new advocate and taken time to study the case. session court refuse to give the bail we had applied in high court, here against the other party come with new advocate and asked for time to study the case.
Since 16th Aug my brother is in jail, I want to know how much is the maximum punishment had to given to my brother against 82 crpc. and how will we get the bail as we are not very much aware of laws.
His case no 3864/11 under family court in Lucknow.
P. Venu
(Expert) 10 September 2017
The facts and situations are misunderstood. The matter is probably before the criminal court and he has punished for absconding from the court. The matter requires to be handled professionally.
Rajendra K Goyal
(Expert) 10 September 2017
Full case file and orders of court need to be referred, discuss with your / some senior lawyer.
Dr J C Vashista
(Expert) 12 September 2017
Discuss with your lawyer who is well aware about the case and circumstances. If you have lost faith in him/her change him/her immediately.
It would be inappropriate to form an opinion without going through case file.
I have not gone through the file even then I do not agree with your statement of putting your brother in judicial custody since 16th August in compliance of Section 82 Cr PC. If Sessions Court has refused bail move to High Court, even High Court is also not final.
Besides this, let your counsel may go through Supreme Court judgement in the case titled, Arnesh Kumar Vs State of Bihar and discuss with some local senior lawyer.
