Rahul 11 January 2017
Zoheb Khatri (Practicing in Mumbai ZohebKhatri@gmail.com) 12 January 2017
It is Bailable, however due to cognisable Police can arrest and later will be released on bail.
Zoheb Khatri (Practicing in Mumbai ZohebKhatri@gmail.com) 12 January 2017
For 354D, it is stalking that shall be punished on first conviction with imprisonment of either descripttion for a term which may extend to three years, and shall also be liable to fine; and be punished on a second or subsequent conviction, with imprisonment of either descripttion for a term which may extend to five years, and shall also be liable to fine.
So check wheather it is first time or he was convicted before.
Rahul 12 January 2017
Sudhir Kumar, Advocate (Advocate) 14 January 2017
why your friend cannot fall on the feet of girl and beg for mercy.
which in any case he will be doing later one
Sudhir Kumar, Advocate (Advocate) 14 January 2017
you told you are still a student.
You want to be surety?
You want to be surety for someone with whom you are just hosteller who you never saw beifore being in hostel and whom you will never see after completion of course or anyone drops out?
well
थाना कचहरी जाने का चस्का नया लगता है
Do you know the liability of surety. You will have to ensure his presence in court on each date from whereever on earth he is there after leaving hostel. He can even pretent that he cannot afford going and staying in hotel in the town for hearing. He may say that his employer gives no leave and he faces loss of pay.
Is your dad rich anough to afford your hobby.
Further his parents will give a standard replies
"यह तो बहुत ही सीधा बच्चा है"
" होस्टल में आप लोगों ने बिगाड़ा है"
"हमारा तो संस्कारी परिवार है"
"मजा लेने में तो आप सब साथ थे फंसा दिया हमारे बच्चे को"
"आप हमारे यहां फोन मत किया करो"
"हमारी तो मोहल्ले में बहुत इज्जत है"
"खुद आपने खुद को बचाने के लिए इसका केस ख़राब किया है, "
"हमें पहले क्यों नहीं बताया इसकी तो बुआ के देवर का साला DIG का ड्राइवर है, हमारी तो मौसी के जेठ भूतपूर्व MLA हैं, हम तो केस दर्ज ही होने न देते"
and so many other words to blame you.
Are you ready to bear that insult.
You can flassh back that 4-5 year back there was most heineous gang rape in Delhi and you cna remember what the parents of the accusede (all paupers) were saying. Mother of one of the accused was even commenting that the allegation has rbought disrepute to her own daughter and was anguished over media coverage. She even said that her son is convicted being poor.
Sudhir Kumar, Advocate (Advocate) 14 January 2017
why his dad/brother/mother/sister / uncle/ cousine/ jija etc cannot be surety?
If they are not willing then why at aon earth anyone else including you should be a surety.
Rahul 14 January 2017
Rahul 14 January 2017
Rahul 14 January 2017
Sudhir Kumar, Advocate (Advocate) 14 January 2017
Sudhir Kumar, Advocate (Advocate) 14 January 2017
Pawan S (Advocate) 14 January 2017
Originally posted by : Rahul | ||
I can understand you're frustration Kumar Ji,but he's presumed innocent till guilty. & he's not going to beg for mercy. I know he made some mistakes,but still it happens,he's only 22. |
Querist,
I concur entirely with Mr Sudhir Sir.
As you said, your friend has made the mistakes. And he is still carrying the same. It’s strange to see, you are still saying “it happens". This can go on to your sis as well. Anyways, these are the Ethics and morals related things.
Coming to the legality,
Sudhir Kumar, Advocate (Advocate) 14 January 2017
“He's from Rajasthan & doesn't have any local connections in the place of FIR,not even in whole of MH.”
HIS PARENTS WILL COME RUNNING
YOU SAID
“He's my partner in my stock broking firm that we run.“
WHY NOT REVEALED EARLIER.
Your LLB student friend consulting his teacher (without papers) and his teacher reply all this will not suffice. He has to hire a lawyer.
“he's not going to beg for mercy”
HIS PARENTS WILL DO SO.
“made some mistakes,but still it happens”
FACTS GIVEN BY YOU INDICATES THAT HE IS ALLEGED FOR A SERIOUS CRIME. PROBABLY ONE OF THOSE REGARDING WHICH GOVT WAS FED UP AND GOT ENACTED NEW PROVISIONS IN IPC.
“he's presumed innocent till guilty.”
ATLEAST ON PAPERS IT IS SO BUT ONLY IN COURT AND NOT IN SOCIETY.
SOCIETY TREATS A PERSON GUILTY EVEN IF ACQUITTED.
PRACTICALLY IN COURT/THANA/JAIL ONE HE PRESUMED GUILTY THE MOMENT HE ENTERS.