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shalini (software engineer)     12 June 2012

Important questions

Hi All,

 

this forum has been a great help.  I need the expert's help in the question below

 

1. We are on the interim bail till 10th July as we got the "stay on arrest order" from the high court. Mediation is on the way and supposed to be failed on next mediation on 15th June.  We are proceeding for bail so do we need the "same day bail hearing order from HC" or the " stay on arrest" will serve the purpose. We have talked so many people, lawyers as well as the victim of the same case. Every one is saying two answers

   a. Its good to have "Same day bail hearing order from HC" But not needed.

  b. We don't need at all.

 

Please I need the expert opinion so that we can decide.  What would be the pros and cons of getting the order. Also do you need to know about my  "stay on arrest order" before telling this answer. I mean does it depned on the type of "stay on arrest order"?

 

2. We assume Chargesheet has not be issued yet ( FIR was lodge on 14th march and allegations are section 498A, 323, 504, 506 I.P.C. and section 3/4 Dowry Prohibition Act). ( my Brother will confirm this tomorrow with the help of a lawyer).  Now I have the following doubts in this regard

 

a. I know if there is a chargesheet then we might face a little problem in getting the final bail. But what if there is no chargsheet till now ( which means more than three months), will the chaces of getting the final bail increase? Or It does not matter if no chargesheet is present?

b. What if at the time of bail proceeding the IO submit the chargesheet and the oppotion lawyer shows this to the judge and we are not prepared for that? Will it matter that IO has sumitted the chargesheet so late after three months and that to at the time of proceeding bail.

3. Since its too much of corruption in UP regarding the lower court, police, laywers etc. is here any way to get the final bail from the HC itself.

 

NOTE: Our case is very very strong and so we do not wan to loose becase of any surprise at the last moment or by the cheating of the lawyer. The lawyer is eating the money from us like any thing....Please need the reply from Expert People.

 

Thanks all for helping me and I started helping other inspite of my less knowlede of law to pay off this forum.

Salini



Learning

 2 Replies

MADURAI LAWYER (LEGAL CONSULTANT)     13 June 2012

Dear Mam,

You will have to apply for grant of anticipatory bail under S.438 of Criminal Procudure Code either before Sessions court ( which normally would not grant it) or before the High Court.  Kindly exercise a great caution while engaging a lawyer for handling your case in a genuine manner to ensure a speedy justice. For any clarification you can call me up on (0) 9842197857.

https://www.jeevaganadvocate.com/contact.php

shalini (software engineer)     15 June 2012

Ton of Thanks Jeevgan for your reply. There is no provison of AB in UP.  Also the procedure starts from Lower court  and then move to session court as per my knowledge.  Please correct me if I am wrong

 

I NEED EXPERT OPINION ON MY QUESTION PLEASE.


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