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rohan (vp)     23 March 2012

Cancellation of bail

Dear forum,

An FIR was registered u/s 406 and 420 against a person and  he was released on bail after much legal wrangling almost  1 and half years ago .  Till date no charge sheet has been filed .

Now the accused has been served a notice by the police to join investigation saying that new offences have come up to their notice and they are trying to add  section 468 , 470 etc ( forgery ) to the case and they told accused that they will file for cancellation of bail and for taking accused on police remand .

My query is :  can the bail be cancelled and the accused taken on police remand  just like this ? 

The complainant is from a family of police officers and he has been harassing the accused by using the influence of his family .

awaiting your kind reply



Learning

 2 Replies


(Guest)

Dear

Bail can be cancle on ground- IF its proved that accused threating to complainant or witnesess.

If  accused  is already on bail than if more section add in the case by police- In this situation same court will grant your bail in same day- You have to give only surety.

If any person threat to accused without any reason than accused has a option to move an application before S.S.P or Higher police authority or Court.


(Guest)

We have people from all fields posting here. Subject line is getting punishment to the criminal who has pending punishment on her criminal record which can be accessed by everyone . Emphasize is that  in a legal case when open to discussion-  media , social workers , women’s welfare group (Please mind your posts, they are not fashiontas )- Journalist or Social Workers cannot pass judgment- The credit for investigation, solved cases goes to Police Department.  We have notables from their respective areas,  not only mere advocates but case is open to lawyers  of Supreme court. So please respect outlook of women here. The case is about importance of lodging a police complaint for SIM theft (which even an illiterate can register with self-assurance) , and they leading to crimes in our records. Mrs Iyer already gave the verdict that Sex trade workers cannot use mobile number openly in public , as prohibited by law, this causes use of stolen SIMs & SIMs with fake identy.

 

Quoting Advocate Rahil Bhatacharya

“I read many of the insights by many Social workers, Fashionistas, & Women’s group. If the verdict is about past cases, criminal records, we must be concise, Legal Act oriented, supported by Legal framework, judiciary & police investigations in India.

CRIMINAL CASE AGAINST:- What can be obtained through RTI by each person through National Crime Record Bureau. NAME: BHAKTI NAIDU FATHER’S NAME: SURENDRA NAIDU PUNISHMENT IN HER RECORD:

1) THEFT (IMPRISIONMENT OF THREE YEARS, PENDING PUNISHMENT)

2) SEX TRADE: Determination of involvement with brothels in Pune, Mumbai & other areas of Maharashtra.

IMPORTANT CLUES:

A) Crime Record:

1) Stealing mobile with SIM [Caught by Pune Police Department after FIR with mobile number was registered. ]

2) Using the SIM (not destroying it) [Live Idea SIM in use tracked during police investigation] ii) Intent- Investigation:

B) Threatening

i) Only criminals who have been in crime till caught this time resort to it, where they have family or gang in crime to shield the network or family trade)

ii) A police investigation will mean, the entire racket of goons (Bhakti Naidu quoted here ) being caught in the process. It will be loss of their source of illicit income. [Supporting Recording: “My father is, and has band of goon, who can go any extent to revenge “- Bhakti Naidu , “We are not ordinary people but criminals were crimes are encouraged”, “ Even if I keep something stolen at my house, my father can stoop any low to protect me” ]

C) Sex Trade

a. Dire urgency to steal , call men from stolen mobile, not in her college during exam, when landline/father’s mobile/mother’s mobile/sister’s mobile was available)

b. She is NOT a virgin (which can be proved by gynaecologist, this is important as used in determination implication in past cases of investigations of prostitution )

c. People whom she claim to be her boyfriend , don’t want to admit to it (what led her to have s*x so frequently, frequency , number of times can be determined by any legally appointed doctor.

d. She called two men, would have called more if the service would have not been stopped by service provider.

e. Exams not important, was put to another college after generating nuisance there (supporting college records, phone recordings ), leaking exams papers through phone , failing consecutively in all semesters

f. Questioning the family if they have lodged the police complaint (after service was stopped), why, when no one does intimidating of a - racket involved with her dad.

g. We have past records of crimes of kidnappings, murder, s*x trade, extortion, terrorism - where identity of caller was hidden by stolen SIMs in Maharashtra Crime Records of Solved Police Cases.

h. ***We have law against public use of phone numbers to pusue s*x trade. So option is acquiring SIMs through stealth, or fake identity.”


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