sec 498 A and 302
Querist :
Anonymous
(Querist) 19 May 2010
This query is : Resolved
My sister in law committed suicide along with her 8 moth old girl baby in her personal bathroom. Her family has FALSELY accused us of the dowry allegations and murder. Henceforth my parents and my brother are in police custody fot the past one month. We are clueless about her move and are in deep shock. Our lawyer has filed a bail suit. Please suggest what is the approximate time duration within which we can get a bail and also let me know how to fight back against the false allegations.
Guest
(Expert) 19 May 2010
NANDKUMAR B.SAWANT.M.COM.LL.B.(MUMBAI),ADVOCATE
MOBILE.9271971251, 9960223100
REGARDING THE CASE UNDER SECTION 498A AND 306 OF INDIAN PENAL CODE KINDLY NOTE THAT
1.YOU MAY KINDLY NOTE THAT THE LADY COMMITTED SUCIDE AND IT IS UNDER SECTION 306 OF INDIAN PENAL CODE.THIS OFFENCE IS TRIABLE BY COURT OF SESSIONS AND HENCE BAIL APPLICATION IS TO BE SUBMITED ON THE BASIS OF FIRST INFORMATION REPORT (F.I.R.)
2.IN THE SAID APPLICATION FOR BAIL ALL OTHER SECTIONS INCLUDING SEC.498A OF I.P.C. AND OTHER SECTIONS MENTIONED IN F.I.R.WILL BE MENTIONED AND COURT WILL CONSIDER FOR BAIL.
3.KINDLY NOTE THAT IN CASE OF SUCIDE ,ANY SUCIDE NOTE WRITEN BY DECEASED IS THERE THEN COURT WILL CONSIDER THE SAME AND ALSO WILL CONSIDER THE POST MARTEM REPORT AND CAUSE OF DEATH.
4.KINDLY NOTE THAT THE DATE AND PLACE OF INCIDENT, AND DATE OF FILING THE F.I.R. IF ANY DELAY IS THERE THEN IT IS TO BE EXPLAINED AND IF NOT THEN ACCUSED HAS CHANCE OF GETING BAIL.PREVIOUS HISTORY OF DECEASED ,HER MENTAL STATE WHETHER FIT OR NOT AND PREVIOUS CHARACTER OF ACCUSED PERSONS, AND WHETHER ACCUSED WERE PRESENT AT PLACE AND TME OF INCIDENT THESE ARE SOME OF IMPORTANT POINTS TO BE CONSIDERED BY COURT WHILE DECIDING THE BAIL APPLICATI
5 BAIL APPLICATION ONCE FILED TO THE SESSIONS COURT IS NORMALY DECIDED WITHIN ONE OR TWO WEEKS ON THE BASIS OF REPORT FROM THE INVESTIGATION OFFICER OF THE CASE.
6IN CASE APPLICATION IS ALLOWED THEN ACCUSED WILL BE RELEASED ON BAIL ON FURNISHING SURETY AS PER DIRECTIONS OF THE COURT.
7 IN CASE APPLICATION FOR BAIL REJECTED BY SESSIONS COURT THEN AGAIN SAID APPLICATION CAN BE FILED AT HIGH COURT FOR BAIL.
HIGH COURT MAY EITHER ALLOW OR REJECT THE BAIL.
8 AFTER FILING OF CHARGE SHEET AGAIN BAIL APPLICATION CAN BE FILED TO SESSIONS COURT AND IF REJECTED TO HIGH COURT PLEASE NOTE.
YOU MAY KINDLY BE CONFIDENT AND DO NOT GET PANICY AND FACE THE SITUATION BRAVELY.
POLICE WILL NOT ARREST ANY OTHER PERSON NOT NAMED AS ACCUSED IN THE FIRST INFORMATION REPORT (F.I.R.),MEANS THE COMPLAINT.HENCE YOU NEED NOT WORRY.
9 KINDLY NOTE THAT ANY OFFENCE MAXIMUM 14 DAYS POLICE CUSTODY IS GRANTED BY THE COURT.THEN THE ACCUSED IS TAKEN IN TO MAGISTRATES CUSTODY AND THEN THEY ARE SENT TO JAIL UNDER THE CUSTODY OF MAGISTRATE IN JAIL UNDER JAIL SUPDT.AND IN JAIL THERE ARE VISITING HOURS NORMALY IN THE MORNING AT 10 A.M. TO 11.AM AND IN THE AFTERNOON AT 4.00 P.M. TO 6.00 P.M.AND RELATIVES AND FRIENDS OF ACCUSED ARE ALLOWED TO MEET ON SUBMITING APPLICATION TO JAILOR FOR MEETING THE ACCUSED IN JAIL.YOU CAN ALSO GO AND MEET YOUR RELATIVES ACCORDINGLY.IT IS YOUR CONSTITUTIONAL AND LEGAL RIGHT PLEASE NOTE.
I HAVE PERSONALLY HELPED SEVERAL POOR ACCUSED PERSONS WHO ARE DUMPED IN JAIL FOR CASES MERELY ON THE BASIS OF DOUBT AND THEIR FAMILY MEMBERS DO NOT KNOW THE LOCATION OF ACCUSED AND PROCEDURE TO RELEASE THEM. I HAVE WON SEVERAL CRIMINAL COURT CASES AND GOT ACQUITAL OF POOR INNOCENT ACCUSED FROM SERIOUS CHARGES OF MURDER SEC.302 OF I.P.C.,306 OF I.P.C.AND 397,399,AND OTHER SERIOUS CHARGES INCLUDING UNDER NARCOTIC AND DRUGS ACT WHERE PUNISHMENT IS UP TO 20 YEARS AND FINE OF 2.00.000/-RUPEES.PLEASE NOTE .THERE SHOULD BE SOME LAW AMMENDMENT TO COMPENSATE THE POOR ACCUSED WHO ARE DUMPED IN JAIL AND ARE ACQUITED AFTER BEING FOUND INNOCENT AFTER ALMOST ONE OR TWO YEARS REMAINING IN JAIL.THE PERSONS FALSELY INVOLVING ACCUSED SHOULD BE ORDERED TO COMPENSATE SUCH LOSS OF REPUTATION AND DEFAMATION AND FOR ILLEGAL ARREST OF ACCUSED.THE LAW MAKES SHOULD COME OUT WITH SOME AMMENDMENT IN THE EXHISTING LAW PROVISIONS.
YOU MAY KINDLY WRITE AND SEND DETAILS AND NAME AND PLACE OF THE COURT AND POLICE STATION.WILL HELP YOU IF REQUIRED.
YOU MAY KINDLY SEND DETAILS OR WRITE OR CALL FOR FURTHER HELP.
NO ONE IS GUILTY TILL HE IS PROVED GUILTY.
HENCE BE CONFIDENT AND DEFEND THE CASE .
YOU WILL SUCCEED.
WITH BEST REGARDS TO YOU YOUR FAMILY AND FRIENDS.
THANKING YOU
YOURS SINCERELY
NANDKUMAR B.SAWANT.M.COM.LL.B.(MUMBAI),ADVOCATE.
Sachin Bhatia
(Expert) 19 May 2010
Mr.NANDKUMAR B.SAWANT has explaind your case very well more over there is no fixed time duration within which accused can get a bail.
G. ARAVINTHAN
(Expert) 20 May 2010
Under the Criminal Procedure Code, no time frame was given and bail out is discretion given to Court
Legal Fighter
(Expert) 20 May 2010
You need to find grounds for getting bail as bail is discretionary relief. Also let me know as in which city are you located? You can send me personal message alongwith your contact number so that I could try to help you as much as I can.
Just search on google.com about the 498A and you will find lots of NGOs working on it across pan India. You can get in touch with any of them as they don't have any personal interest vested in it.
navendu kumar
(Expert) 20 May 2010
Without getting the details no opinion can be given. It is true that under the Criminal Procedure Code, no time frame is given and grant of bail is a discretion of a Court.
