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Abhishek (Engineer)     28 April 2013

Can i apply for bail along with quashing?

Dear Advocates

My Father received  complainant case notice from Nalanda District court 2 months back, against a land sold 23 years back to a second party.

Land was purchased by my grand father around 60 year ago. when it was sold to 2nd party in 1989, they got it registered at that time. But now (Jan 2013) they have complained in court that, when he went to land mutated in June 2012 , he came to know that land is part of river. They fabricated case such that my father charged under section 405, 419, 420, 467, 468, 341, 504, 323, 384, 379.

When i contacted my advocated, he said it will be quashed by Patna High court. They applied it one month back, but present status, depict that it will take more than 4-5 month. Date of presence in court is 3rd of june 2013.. When i asked my advocate, he said there is provision to apeal to court if date of presence in court is close.

My question is that

1. Is my advocate taking me on right track?

2. Should i get Bail for protection. If i have applied for quashing , can i go for bail?

3. What are the chances of quashing?

4. Can my advocate appear in court on behalf of my father?



Learning

 1 Replies

Advocate M.Bhadra   29 April 2013

If the case is registered as an FIR i.e. case started by the Police  then your father should get anticipatory bail from District or High Court.But  the case is registered under private complaint and your father got summon from the court then your father should appear before the court and surrender and get bail.Quashing petition can  not clubbed with bail petition,merit of quashing are rare to rarest in High Court.If the complainant filed private complain case then your father need no get bail or quash from High Court,just face the trial in magistrate court by proper evidence.


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