My brothers wife suicides on 2 May 2018 she was psychiatric I have medical report. But after suicide she's father lodged complain against my 4 family members under 302, 498a,304b,34 actually at the time of incident there was no anybody present. After charge sheet filled section 302 is removed by police and others are remaining my advocate file bail application 4 times that have rejected before charge sheet 2 times and after charge sheet 2 times. There was no any change in ground of application all times. After 4 application rejected I changed my advocate now this advocate says that we will file application after charges framing in court charge sheet filed in court on 31/8/2018 in session court. After that 5 times accused not produced by jail authority and charges not framed till now.
Now my Questions
1) My current advocate says that we will file application after charges framing in court. Is this correct?
2) When will be charges frame?
3)Can I give any application for charges framing in court as early possible?
4) Can I get bail from Session court or high court before charges framing?
5)Now at this stage how to do bail application 1 by 1 accused or 4 accuse at one time or how there are 2 Ladies accused and 2 Gens
You can use the complaint (FIR) to obtain bail but this case is severe as the women commited suicide. the bail can be rejected too.. try to gather as much proof as you can like photos and other things that you kept that women well in your house. and also that she was mentally disturbed all documents.. it will be very good if you obtain her treatment documents of date before the marriage. also if she didn't left any suicide note then it will be in your favour.. you can apply for bail in upper court if rejected for ex if high court rejects bail appeal in supreme court.
I am not a lawyer but I am going through something same and have obtained bail.You can apply bail for for all people together. And no you cannot obtain anticipatory bail for the charges or complaint is filed. There is no way you can obtain bail without them .. charges or complaint are necessary ground which is required to obtain bail. Rest others may help or consult a good lawyer it's a serious problem not regular dowry or domestic violence case
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