Some of our relatives are in police custody since past 3 months in dacaoit case.
The lawyer who is hired doesn't seem to be helping in getting them bailed.
These people bought a chawl from us and where trying to make the family who stayed there on rent leave the house but ended up in getting stuck in dacoit case put up on them by the person to whom the chawl was given on lease few years back. The electricity bill and legal documents all show that the chawl in owned by the person who is currently there in police custody .
These people are in police custody since 3 months and we feel that the lawyer is cheating us and has been bribed by the opposition.
Please advice sir.
Asked in Property Law from Mumbai, Maharashtra
1. First check whether charge sheet is submitted or not. If yes, then getting bail is their matter of right.
2. If no then getting bail will depend on the merit of the case.
3. In any case you can apply for bail in high court u/s 439 crpc.
Follow as advised by ld. friend Mr. Barman and if you feel your lawyer is not doing ,you may change the lawyer.
Advocate, New Delhi
1. Police should have filed the charge sheet by now,
2. If not, file an applicationn u/s439 of Cr.P.C. praying for the bail of those persons.
1) if you are not happy with your lawyer you can always engage another lawyer
2) you have not mentioned whether charge sheet is filed or not .
3) if it is filed apply for bail . if it is not filed then also you can apply for bail
Act as advised by my learned colleagues.