Diff world (Xyz) 30 April 2017
LAXMINARAYAN - Sr Advocate. ( solve problems in criminal cases. lawproblems@gmail.com) 30 April 2017
This is a routine procedure and you have to calmly face. panic will create problems.
Meanwhile dig out all the history of your inlaws and you can file some counter cases.
saravanan s (legal advisor) 30 April 2017
Diff world (Xyz) 30 April 2017
A walk alone (-) 30 April 2017
Rohit Krishan Naagpal (Advocate) 19 June 2017
The Supreme Court of India has delivered several cases wherein it has reminded that the basic rule is bail and not jail. One such instance came in State Of Rajasthan, Jaipur vs Balchand @ Baliay case which the apex court decided on 20 September, 1977 and held that the basic rule is bail, not jail, except-where there are circumstances suggestive of fleeing from justice or thwarting the course of justice or creating other troubles in the shape of repeating offences or intimidating witnesses and the like by the petitioner who seeks enlargement on bail from the court.
The bench of Krishnaiyer, V.R. had observed that when considering the question of bail, the gravity of the offence involved and the heinousness of the crime which are likely to induce the petitioner to avoid the course of justice must weigh with the court. Taking into consideration the facts of the case the apex court held that the circumstances and the social milieu do not militate against the petitioner being granted
When you are an accused of some crime and arrested to record your statement and take information like the name, residence address, birth place, charge filed against you, etc. The police officer may also check back the criminal record if any in the police station and ask for finger prints to files a case against you. The crimes that are bailable and simple, you will be allowed to apply for bail immediately.
However, if the crime is a little bit complex and non-bailable, you may wait for 48 hours to claim your right to bail in the court wherein you are given a hearing. Depending upon the facts of the case, the judge decides whether you should get bail or not. Also, in situation you are given bail you are asked to deposit money with the court. Generally, in certain smaller crime cases, a standard amount is asked to be deposited for awarding the bail.