The girl.can appear before the van record her statement, the court may grant bail.
Also.consent quashing can be filed before the high court.
One of my close relative was arrested on 18 Dec on the basis his ex girlfriend' complain. He has been produced to court next day and he has been sent into policy custody till 24 Dec 19. He has been charged in various section. Including 420. After discussion with girl, she is ready to take her complain back and withdraw the case. Now the question is about getting bail on Saturday 21 Dec 19. Is it possible? If any advocate is ready to take this case I will be happy to appoint his advocate.
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The girl.can appear before the van record her statement, the court may grant bail.
Also.consent quashing can be filed before the high court.
1) girl can inform poluce in writing that she has settled dispute with her ex boy friend ie accused and does not want to continue the case
2) on basis of settlement arrived at apply for bail before trial court
3) engage a local lawyer
1. Yes, possible,
2. a bail can be applied on any working day,
3. since, the courts are going to close due to winter vacation still one duty magistrate/judge is always there to attend the urgent matters like bail, stay, appearance, etc
you can contact me for the same
You cannot give a general call to all the advocates for this.
You may have to approach an advocate and file a bail application immediately if not already filed.
You may look for one in the local itself.
Yes, on that the accused person can apply for bail on which date the girl will have to remain present and file her affidavit stating no objection to grant of his bail.
You can contact.
1. Does FIR also involve Section 376 IPC? If yes, it is non-compoundable.
2. You can apply for bail on Saturday if it is a working day in the court.
Following are Section has been imposed- 376, 420, 354D, 406
These are serious allegations made against accused
file for quashing in HC based on settlement arrived at between parties
Since section376 IPC has been impleaded, it will be a little tough to get enlarged on bail very soon.
It the bail application is dismissed in the sessions court, you may approach high court immediately for relief.
See if the girl present herself before court and record her statement then in that case FIR may be quashed.
Dear Sir
You must take the help of a criminal lawyer for your bail matter. In order to get bail in a bailable offence, the suspect has to submit Form- 45 given in the Second schedule to the court in which his case is being heard. The bail cannot be granted without the court's approval
376. (1) Whoever, except in the cases provided for in sub-section (2), commits rape, shall be punished with rigorous imprisonment of either description for a term which shall not be less than seven years, but which may extend to imprisonment for life, and shall also be liable to fine
I have dealt with such cases before. False promise to marry amounting rape. There are many latest judgements.
Bail can be granted it all depends on the facts of the case.
you can book a private consultation as this matter of serious nature.
Rare possibility that bail will grant. And now police will submit report in court after investigation. So she can deny her allegation false to polcie.
IN court she can appear on date of bail, and submit she has no objection if accused release on bail.
1. If the sections leveled against him are non compoundable, the she can not withdrawc her complaint.
2. If not then he can get bail, based on her affidavit affirming that she had lodged the said complaint out of rage which she wants to withdraw.
1. Rape charge is non compoundable.offence which can not be withdrawn.
2. Your close relative shall have to file a quash petition before the High Court after charge sheet is filed u/s482 of Cr.P.C. duly filing the said affidavit executed by her affirming that she had lodged the said complaint out of rage and the act was con-sensuous.
3. He can submit the copy of the said affidavit before the trial court also to get the bail.
1. Magistrate Court is open on Saturday ([deleted]) and bail can be granted since according to a SC judgment, Bail is an inherent right of accused, more so under the IPC sections mentioned by you. There should be no problems for the same.
2. Engage an experienced lawyer specializing in Criminal matters, by visiting the Court Lawyers room.
1. It will not be possible to get bail till your friend is under police custody.
2. He should be in judicial custody for filing application for bail.
3. When you file bail application the bail will come for hearing atleast on next day or one or two days after filing.
4. Girl should appear in person if she is ready go for compromise in complaint then bail should be easily granted.
Sec 376, 420 are non-compoundable offences only chance of getting it quashed on compromise by the Hon'ble High Court but it depends upon the facts of the case.
My relative has been charged in various section by his ex girlfriend, 376, 420, 354D, 406. Tomorrow is end police custody 24 dec. Can we fill the application for jail custody and then apply for bail today or it can be only done tomorrow. Here girl is ready for compromise and ready for in person statement before the court. Please suggest. The local advocate which I have hired seems very negative and unprofessional. I am also in thought of changing the advocate but bit concerned since case is at very crucial stage.
Applyfor bail tomorrow rely upon settlement arrived at with girl
2)obtain in writing from the girl that she has resolved disputes with her ex boy friend
Court will send him in jail only if bail not granted. So apply for bail. This is not a crucial stage, apply for bail and change advocate if not cooperative.
1. Apply for regular Bail and do not request for Judicial custody. This is not going to serve any purposes, more so specifically since accused was already in Police custody and all relevant investigations, questions would be concluded.
2. Girl compromise statement CANNOT be taken on record, at this stage in the Trial court, since it can be considered only during Trial proceedings. However a WP can filed in HC alongwith Girls consent affidavit, to quash the police FIR /Charge Sheet /Case, which would be considered positively by HC.
1. Firstly, if it is a compromise then ask that girl to sign two affidavits.One for session court and one for High court
2. Then approach high court for quashing of FIR based on compromise.
please book private consultation for detailed information. I can discuss it over the phone and I have dealt with such cases in the past
There's no criticality in this case at this stage.
First you get him enlarged on bail.
If necessary let she appear before court and give statement that she has compromised out of court
The court may consider his bail application.
Well, on the basis of compromise obtaining bail u/s 376 IPC is not so easy on early stage because it is not compoundable offense,but later on your Lawyer may get it by own skill..
You can file for bail tomorrow directly before court after taking vakalatnama signed from accused.
See if girl is ready bring her before the court so firstly the person gets the bail and after same quashing can be filed.
Dear Sir,
The procedure for bail depends on whether it is a bailable offence or a non- bailable offence you're referring to. In case of bailable offences even police can grant bail and in case of non- bailable offences bail can by granted by Courts (police can also grant bail in a non- bailable, but such power is rarely used).
Bail is a matter of right in bailable offences whereas it is a matter of discretion in non- bailable offences.
For grant of bail, an application of bail has to be submitted in the court. The court can grant or deny bail but has to record its reasons in doing so.
Bail can be in the form of personal bond or sureties. Also if bail application is rejected by a lower court one might move to a higher court. If the Supreme Court has also rejected the bail application then the person must wait for a change of circumstances and then move a fresh bail application advisably from a lower court again.
Also while an order of conviction has been passed from the lower court , the person may be granted bail while his appeal against the conviction is pending in higher courts.
In case of non- bailable offences the court applies its mind and considers various factors while granting or denying bail to the accused. It must be known that bail is the rule and not an exception as detention of the accused infringes his right to freedom and liberty.
1. When he will be produced before the Court tomorrow, bail application shall have to be filed by your Advocate.
2. He has ben kept in te police custody for 6 days and all the investigation done by the police is over.
3. there is no reason for his further detention even in jail custody.
4. Ask your advocate to strongly seek his bail.