Need of bail before the judgement
aman
(Querist) 02 September 2018
This query is : Resolved
We are in a family dispute since 2012. in which my father had filed a criminal case against my elder brother ,his wife , and his in-laws, u/s 452,323,504,427,147 ipc after this a counter case was filed by my brother�s in-laws u/s 498a,324,323,452,504,506 IPC against my father ,me and my elder brother also, during the investigation my brother�s wife gave an affidavit to police that she doesnt have any problem with her husband(my brother) so police filed chargesheet only against my father and me.we are on regular bail since then ,on the ground that we are not the main accused.
Now we have reached in a compermise state and my father has given statement in court that he wants to take back his case ,similarly my brother�s wife and his in-laws have given their statement in court that it was a misunderstanding and we also want to take our case back. Now our advocate is saying that before the judgement of court we will have to take bail again u/s 437 crpc. Is this correct or not please guide.
Dr J C Vashista
(Expert) 03 September 2018
Since both the case(s) are cross-cases alleging similar offence(s) which are being settled amicably no need to seek bail at this stage.
However, seek guidance of another local prudent lawyer with entire case files.
aman
(Querist) 03 September 2018
Thank you Dr J C Vashista for your reply. Please guide that is there any such procedure in UP state to get bail before the judgement. Because our advocate is saying that there is a circular of Allahabad Highcourt for this procedure .
aman
(Querist) 03 September 2018
Thank you Dr J C Vashista for your reply. Please guide that is there any such procedure in UP state to get bail before the judgement. Because our advocate is saying that there is a circular of Allahabad Highcourt for this procedure .
