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Rishi Ajmera (BDM)     23 March 2012

Need help for bail

Hi My brother is in problem where he is put behind bars for a 420 case. And he has not got bail from the last 8 months. His layer withdrew the bail application from the high court and asked my brother to do settlement by paying the opposit person. The opposit person has given a statement that he has paid my brother but he dosent have any proof for the same.(this is his statement) A few documents are also produced where its written that some money is paid but it says its security deposit and above all their is no signature of my brother. The person who has signed those documents the police have made him a witness. 

Its been more then 60 days that the charges are farmed and before the charges the complet set of IPC my brother's case had was 420,467,468,471 but on the charges framming the only ipc left is 420 rest were reduced by the session court. Now the case is running in the Lowere court. Can any one tell me a procidure of bail & is their any thing as being a compoundable case (IPC 420) the witness have be present in the court else basing on that also my brother is lible for bail. 

Its a request if someone can please for god sake guide me so that we can work out for his bail. And any layer who would like to take up this case for bail can also reply here with your phone no. I need my brother out on bail as he is the only earning member in our family. He is in Central Jail Indore. 

Regards

Rishi 



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 13 Replies

H. S. Thukral (Lawyer)     23 March 2012

The SC discussed the principles in Satish Chandra case (2G scam). One of those is that not only gravity of offence but the punishment fr  the same should be taken into consideration for granting bail. Your brother has committed an offence punishment for the same is only upto three years. Persons in 2G scam were charged with 420/468/409/471 and also under PC Act and yet were granted bail. Ask your lawyer to cite the judgment and the fact that charge sheet has been filed and the person is incarcenated for 8 months now. He can not be kept in custody through out the trial.   

1 Like

adv. rajeev ( rajoo ) (practicing advocate)     23 March 2012

File another bail application because already chargesheet is filed.

1 Like

Rishi Ajmera (BDM)     23 March 2012

Thank you very much but as I said our layer withdrew the application and told us that pay the opposit party. His words were "pay and settle the case this is how a case is won and this way even I will be benifitted".  So at this point of time we dont ahve a layer for my brother's case and we dont ahve anyone in Indore to gat him a proper layer. This was the reason I asked if their is any layer who would like to take up his case. What happened in the high court can be seen in the high court's website. the High court Appele no is MCRC 9713/2011. 

Adv.R.P.Chugh (Advocate/Legal Consultant (rpchughadvocatesupremecourt@hotmail.com))     23 March 2012

Dear Mr.Rishi, 

Concurring with what Thukral Sa'b has said above, I would like to reiterate that bail and not jail is the dominant principle. The Court's have become a lot liberal in grant of bail - 8 months detention is unwarranted in the facts of the case, pursue the bail application with relevant citations (Satish Chandra & SS Mhetre). Ask the judge if your brother is finally acquitted at trial - who would compensate for the agony of detention during trial. This is a case for Bail.

Adv.R.P.Chugh (Advocate/Legal Consultant (rpchughadvocatesupremecourt@hotmail.com))     23 March 2012

Dear Querist,

That's really unethical for your lawyer to say that. His job is to argue your matter to the best of his ability. Post the order here. 

Rishi Ajmera (BDM)     24 March 2012

This is the order sheet form the Indore High court.


Attached File : 566613902 i27130212mcrc-0971311.pdf downloaded: 235 times

H. S. Thukral (Lawyer)     25 March 2012

The HC order has no bearing. File bail application before the trial court and plead above said issues. If the complainant has been paid why is he not coming forward to compound the case. ?

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com)     25 March 2012

Dear Ritesh

first of file another bail application and talk to your advocate to argue on bail application with recent supreme court judgements,this a 100% bail granting case no need to worry.

feel free to call 

DEFENSE ADVOCATE.-firmaction@g (POWER OF DEFENSE IS IMMENSE )     25 March 2012

In spite of SC liberal decisons many times lower courts do not grant bail, however it also depends the advocate presenting the case.

 

As advised by the Learned friends it is high time you should get  bail.

File fresh bail petition if rejected go to revision again and let it rest at SC if you want bail.

Rishi Ajmera (BDM)     20 April 2012

Hello Everyone,

Our layer did file a bail application saying that as the charges are only IPC 420 their is a rule that the witness has to be over before 60 days if not my brother is laible for bail. Our layer went to lower/Sesson & then to high court but yesterday his this application was also rejected. The reason gave by the high court Judge was why is their a Withdrawl of bail application earlier and now you have come up with this. The Judge wants our layer to apply for bail in the normal way. The section given in the high court site was. " Code of Criminal Procedure, 1973-12102--07-SECTION 482." now we dont know what to do we are all surprised that why is the bail being rejected. I unfortunately cannot move as I have lost both my legs in an accident and my dad has already gone open heart surgery. My mom is the only person who meets the layer's. Nadeem sir thank you very much for the Sitation you sent but sir nothing is working out. I am begging some one plaease come forward and help us. The layer has said he will file a bail application today again under section 438-439. Please someone guide us on this. Please. And if anyone can travel to Indore for the case hearing in the high court we will be really thankful. Please let me know in rishi.ajmera@gmail.com who is ready so that my mom can call and get on with the rest of the formalities. We stay in Andhra Pradesh. Dist Vishakapatnam.Am waitng for a hearted reply.

Please someone help us please.....

Thanking to everyone of you.

Rishi

DEFENSE ADVOCATE.-firmaction@g (POWER OF DEFENSE IS IMMENSE )     20 April 2012

I feel there is some thing wrong some where.

 

IPC 420 is bailable in lower court only so no need to go to HC.

If the charges are framed only for IPC 420 , you can file bail application in lower court even now.

Rishi Ajmera (BDM)     20 April 2012

Hello Sir,

 

This is what we even have some across but accourding to the court in Indore and the laweres and the judges. Once you go to high court you cannot apply in lower courts. Even if we apply the court will reject saying you go to the high court as you have already approached once. 

Please help us what to do now.

Thanks

DEFENSE ADVOCATE.-firmaction@g (POWER OF DEFENSE IS IMMENSE )     20 April 2012

As of now you apply in lower court again since nothing is pending in High court, if lower court rejects than go to sessions court or High court.


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