• My brother and father falsely accused under section 302 and 201

My real brother in law accused my father and brother for his kidnapping and murder charges under section 364 and 120. When we applied for the bail they again changed the section 302 /201/ 34 and our bail got dismissed. Kindly help us in this matter. Now our advocate is suggesting us to go supreme court. Please guide us in this matter now now we have felt that our advocate has also cheated on us. Reply is awaiting
Asked 5 years ago in Criminal Law
Religion: Hindu

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11 Answers

Need to go through the case then only it can be answered

Subhendu Ghosh
Advocate, Barrackpore
234 Answers

4.0 on 5.0

How can someone change the section during the course of argument? Get your facts clear first. Also was it an FIR? What is the stage of the case? Have you applied for anticipatory or regular bail? You can also go for quashing petition in High Court u/s 482 Crpc.

Anupam Kirti
Advocate, New Delhi
90 Answers
2 Consultations

4.9 on 5.0

1. Well, its not clear whether someone is murdered ir not as without someone getting killed section 302 wouldn't be attracted.

2. In any event if your anticipatory bail is rejected by sessions court then you have the option of applying for it once again from high court.

3. Even after rejection of AB on changed circumstances you can apply for its once again.

4. Applying for bail from supreme court must be taken with greatest caution as if its rejected from supreme court then getting bail becomes almost impossible in trial stage also.

5. Its also not clear how section 302 is added by court.

Devajyoti Barman
Advocate, Kolkata
22515 Answers
409 Consultations

5.0 on 5.0

What were grounds of rejecting bail application

2) if sessions court rejected your bail application file petition before HC

3) if HC rejected bail application file appeal before SC

Ajay Sethi
Advocate, Mumbai
89067 Answers
6359 Consultations

5.0 on 5.0

Respected sir ...

There is a complete procedure to be followed to reach supreme court you can not approach supreme court directly ...If I m not wrong your lawyer is incompetent to contest your case ...Sir in a criminal case it is quite impossible to tell without facts ...Your lawyer must have to do argument on charge ..And face trail strongly ...In your case without knowing what is in FIR and what police had produced in there report under section 173 of crpc ...Sir make facts available or take phone consultation that will be much better for you ...

Thank you

Dinesh Sharawat
Advocate, Delhi
1259 Answers
12 Consultations

4.9 on 5.0

Hello,

The bail has been rejected by the High Court or sessions court.

If it has been rejected by sessions court then you may gonto HC otherwise you will have to approach the SC.

On what grounds the bail has been dismissed?

Share the copy of the order for more concrete advise.

Regards

Anilesh Tewari
Advocate, New Delhi
17943 Answers
377 Consultations

5.0 on 5.0

Hello Mrs. X

Just I have gone through your mail. First of all I have read your entire FIR which is registered on the Complaint made by the complainant. Secondly I failed to understand how simply kidnaping case converted in to Murder. I want to know that whether victim got killed or he alive. Thirdly I further fail to understand how you can directly approached Hon'ble Supreme court without moving any application/Petition before Hon'ble High court . Please send detail information then only can able to get back you and advice your properly.

Thanking you

Regards

G.L.Soni

G. L. Soni
Advocate, New Delhi
87 Answers
3 Consultations

5.0 on 5.0

Hi

Bail is difficult under these sections.

If you doubt your lawyer then change him and hire a good criminal lawyer.

Bail application will not workout but for exact answer the FIR is needed to be studied.

Thank You

Rahul Jatain
Advocate, Rohtak
5365 Answers
4 Consultations

4.8 on 5.0

You can either approach supreme court for bail or you may wait for at least one month to file a fresh anticipatory bail application before the same high court or the sessions court.

T Kalaiselvan
Advocate, Vellore
79229 Answers
1617 Consultations

5.0 on 5.0

Provide full details and documents than only precise can be advised.

Yogendra Singh Rajawat
Advocate, Jaipur
21481 Answers
31 Consultations

4.4 on 5.0

You have not given any details about what is the stage now. If the bail is cancelled by HC before filing of chargesheet you can approach again see

Sessions court for fresh bail after filing of chargesheet. If bail is rejected by high court after Filipino of chargesheet then you need to approach supreme court for the same.

Prashant Nayak
Advocate, Mumbai
28091 Answers
93 Consultations

4.4 on 5.0

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