My father died on nov1 he hanged himself but pm report says strangulation. police waited till antim sanskar i.e Rituals to be completed and took us to police station for interrogation they kept us there for about 11 hours after our family request they send us home. On that same day at 11.55 pm they filed FIR with 302 section against unanimous person .And they target my brother only because he and my father was at home alone .after 2 days police again called us and asked to come police station after some time they started beating my brother very badly it was next to hell they forced him to accept that he killed as they couldn't find any evidence against my brother and at last my brother had no choice but to accept.he was in police custody for about 6 days then he got MCR and from 14 days he is in mcr , our first bail is rejected by district court. Reason of rejection is yet to be known as it was rejected yesterday on 25-11-21. I want to know how can I help my brother for bail and prove his innocency.
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Tou should have filed a habeas corpus petition when he was in illegal custody of the police. Anyways file a bail application in tge high court against the rejection order.
Moreover, how did rhey come to tge conclusion that he murdered your father. I mean strangulation doesn't mean that he killed him. Where was he at the time of death. Moreover, his relationship with him ie father.
All this has to be considered. What do you think of it.
my brother and father were at home in separate rooms. relation with father were good. police beat my brother and forcefully accused him of murder and after accepting the murder they beat him again to think of some reason. some lawyer says to apply bail in district court only as if in high court it gets reject it would caused problem to get bail for my brother. so please suggest is district court best way or the high court and some advice that would be helpful.
As a matter of rule/law you have to first apply for bail in the district court and whn3 it gets rejected then only you can file it in the high court.
Can you think of some reasons as to why he did it ie suicide?
- Mere presence of accused at the scene of crime cannot be a ground to implicate him for the crime.
- Further, the admission before the police personal cannot be a ground for proving the case against an accused , and it can be rejected in the evidence.
- Hence, if the bail application from the lower court has been dismissed , then he can approach the High court for getting bail in the case .
- Further, he can also file a petition under section 482 CrPc for quashing the said FIR of the case before the High court.
You need copy of order rejecting bail application
file an appeal against impugned order before HC
If bail is rejected by district court file appeal in HC
Dear client,
first approach the district court and then the high court.
Thank you
You may have to challenge the police case in the trial proceedings only and get him acquitted on merits and documentary evidences in your support.
About bail, you can obtain the copy of the dismissal order and approach high court with a similar application.
You can approach high court with the dismissal order from the district court to file a bail application.
You may have to present your case in a proper manner with evidences in your support.
You can file for bail before HC now. Or if after 90 days chargesheet is not filed you will get default bail from sessions Court.
HI
Ligature marks in case of suicide and murder are different. Not sure what the post mortem report says on the strangulation marks.
Need to see the remand report and post mortem to provide you better legal advice.
However, if family members can testify that there were no disputes in the family and both father and son have good relations, high court will definitely grant bail.
Also, it appears that police are using "last seen" and proximity to frame your brother. This can be negated by a good lawyer.
please note that confessional statements made before police cannot be used as evidence . If the remand is based on confessional statement alone then a good lawyer can argue on this point and get your brother the bail.
Speak to a senior criminal lawyer and get your brother out on bail. No Worries.
