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Going for bail finally(need support)

Page no : 2

shalini (software engineer)     11 July 2012

Hi Raj,

Thanks for your reply. You are right people starting from the lawyer, police, mediator officers are harassing us but we are still on facing them :). Thanks my father didn’t meet the IO this time after discussing with many people around us.

 

CRPC in our FIR are very simple 498A, 323, 504, 506 I.P.C. and section 3/4 Dowry Prohibition Act. But we were scared because of jail.  ( Just for your knowledge the case in UP where there is no AB)

 

No police has not arrested us as we were got  "stay on arrest" till july 10th.

We have the FIR but it is not certified. Also we don't have the part 2 of case diary.

Our case has 200% false allegations. My brother caught his wife red handed with a unknown mobile and thats the whole story started.

 

Raj, I want  to know a few questions here..

 

1. Do we really need the certified copy of FIR at the time of bail ( which I guess would be on this friday)

2. What is IO refused the lower court to give the part1 case diary , will my parent get the bail?

3. We have the full medical report ( but not the certified one) which has been misused by the girl at the time of lodging the FIR. This report says that the wound the girl has are because of an accident.
 Our lawyer is saying that we don't need to show this report as it is not a certified report. Please advice here.

 

Also please answer my question I have asked regarding the strike in this thread above. Thanks again Shalini

 

Raj.K (Manager)     12 July 2012

1)certified copy allows you to prepare your counter reasons in bail applications. police cannot later add new false allegations after that to FIR

2)it is the procedure of judge to call for case diary for review of investigation details/evidences presented by IO to check the seriousness of offences. IO has no authority to refuse showing reports to judge hearing bail application

3)if you hold original report from hospital or docter letter head then should be valid to use...but you should never show original to police or courts until it is actual need to be presented...i am not aware of this procedure yet as i am also learning.

guess even if have photocopy, you can talk to the doctor or hospital personnel to check their records and attest your copy. Never reveal your report until you have original or certified one by doctor/hospital.

 

 

 

shalini (software engineer)     13 July 2012

Thanks Raj, I am croosing my finger as tomorrow the court might get the case diary and then my parents bail can be granted. I will update it here about the result..thanks All,

A1981 (abc)     18 July 2012

Your narration itself, reveals innocent behavior.. ... the misuse of law  is on high...

 

I have gone through all these and I can understand the pain what a S/W engineer has to go through when he/she faces real society. 

 

Your doubts are very simple.... your advocate views and views express here both are correct.. but both views have nothing to do with reality ...

 

You made a mistake  that You didn't mention about arrest stay in your initial query (You are an engg ... every engg knows incomplete information can not lead to decisions)... 

 

The option of arrest stay is easily available as long as case is not charged with 307 also... So first step to go for Arrest Stay ... so you did that... rightly advised ..

 

once you have A.S. your problem is solved ... serrender the persom having strongest ground ... in your case.. it was a woman with 8 months old baby.... no court allow custody of that woman ...

 

Once the one co-accused has got the bail rest of the accused can surrender in any fashion except the husband. and they will get bail for sure on Pairity Ground ,,,

 

Now the big turn comes... Bail of husband.... Normally if there is no visible cruelty or any other strong evidence against him he will get bail then and there (with little management... here you need to pay) otherwise 10-15 days honeymoon time (this tym sponsered by his wife)

 

 One more thing.. do not fear with POLICE... Advocate ..... Judiciary ...... "OVER THE TOP is what required to make them silent" You are 10 times more educated than them with more than 2 brain cell.... come on give them hard tym... It will take 10-15 days to you to go through whole IPC-CRPC what they try to learn all their life...  But dont be bookish nothing happens like that... Always remember that, If you are innocent and you can convince people no matter how hard the false case is LAW will bend your side... 

 

shalini (software engineer)     18 July 2012

thanks A1981 for your reply. I understand your view point. Shalini

rahul (director)     18 July 2012

shalini

what happen in court today? did your bro got bail?

shalini (software engineer)     18 July 2012

Thanks Rahul for asking. The lower court does not have the power to grant bail with out the case diary so it has given the interim bail till monday ( 23rd) so hopefully my brother will get the bail on Monday. Cheers Shalini


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