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mubeen (MD)     15 November 2014

Conviction is done in cjm how to proceed in session court,hc

Please advice me how to proceed to fight the judgment of cjm court against me my father and mother.it has convicted us for 3 years and 50000Rs fine each. we got the bail,we are not getting a good lawyer we are facing it from last 7 yrs.Please help



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 4 Replies

Advocate Kappil Cchandna (Expert Bail & Criminal Defence Lawyer at Delhi Supreme Court of India)     15 November 2014

Under what section punishment was given ..... Kapil chandna, adv 9899011450

Dhanasekar (Advocate)     15 November 2014

It might be u/s 498A

mubeen (MD)     15 November 2014

under section 498A 504,506 and the court was not willing to give bail.he asked us to deposite 150000 in court on same day and then in last moment he granted bail.dont u think the fine is huge? the behaviour of court was very humiliating and very arrogant.Is this the way the judgments are given??? 

Dhanasekar (Advocate)     17 November 2014

Mr Mubeen,

1.Quantum of Fine is not limited. Its Judges' discretion.  Such a fine must be imposed out of all three sections or any combination

2. you can challenge the sentence in the higher courts

3. As you said, Its is a deposit of Fine. If the sentence is confirmed by the higher courts, such a deposit of fine would be taken otherwise it would be given back to you after the acquittal.

4. 3  years sentence is out of any combination of three sections.

5. You might be failed to prove that you are not guilty in CJM

6. As you got the Bail, you have chance to win your acquittal by producing satisfactory evidence

All the best 

 

 

 


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