Dear Sir/Medam, It is urgent help require from this forum due to below issues. Please guide us. 1. One FIR logged from one of Person after very slight Riots between two religion. 2. My Elder Brother was not involved at all becasue he was at terrace with his wife to see the riots. 3. He himself called to Police by dialing Helpline number, we have all proofs about call. 4. Witness also given their statement that he was not involved in Riots becasue we saw him with his wife on terrace. 5. Even who has logged FIR also given the statement to police while verification. Issues : 1.We have applied for Anticepotry bail from High court after session rejection, it is around 2 month now. 2.Date was postponing and now we get the date for tomorrow. 3.Now, Police says that if you get a bail then we will trap you in another different cases. 4.We got the phone recording for the above point 3. 5.They are forcing us to surrender before Bail becasue they are taking this case as personal becasue we had also sent request for Enquiry. Help Need from you : Can Police take stay order for AB ? Can Police trap him for another IPC even though he is not involved at all and he is respected businessmen. What is the solution ? Please guide us. Thanks,
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1) you should get AB from high court . You have called police helpline and had no role in the riots
2) you can during your argument point out biased role of police officers who have threatened to implicate you in false cases
3) if HC grants you AB police can move SC against order passed by HC
1. Police can lodge FIR under different provisions of law but there has to be some basis for doing this. If you apprehend arrest in sections other than those whereunder you have sought AB then you may file a petition to seek substantive protection from the court.
2. The phone recording can be used to nail the police in the court.
3. Do not surrender, prosecute your bail petition before the HC. Suffering an arrest is an ignominy which has far reaching consequences.
4. If HC allows bail then the utmost which police can do is to challenge it in the SC.
AB is rejected today as I told you that Police was forcing us to surrender and now what we came to know in HC that Main witness has changed the statement. this is really very disappointing for us becasue without doing anything we are being metal harresment. Any advise what can be done on this ?
1) what were the grounds for rejection of your AB ?
2) frankly without going through FIR , statement of witnesses, order passed by sessions court it is difficult to advice the arguments you should canvas during hearing of your Ab before HC
3) from the facts mentioned by you in your hearing of Ab you should stress on fact that you in fact called the police helpline to inform them about the riots and threats received from police to implicate you
The order of the HC needs to be perused to see on what grounds it has rejected AB and whether the reasoning of the HC is unsustainable in law so as to move the Supreme Court. So consult a lawyer with a copy of HC order.
The police will find reason to trap him in any false case.
They may try to fix him in false cases foisted to take revenge on him.
However since you said that you have recorded version of their action plan, you first take anticipatory bail from high court and then approach the state human rights commission seeking to take action on the erring police who is threatening to implicate in false cases.
If AB was dismissed in high court, just wait for few more days and file another application for AB before the same high court stating that the police are threatening to surrender or they will implicate on more such false cases.
If that is also dismissed, then you may file an application before supreme court seeking relief and remedy, in the meanwhile you may file an application before the state human rights commission against the threats posed by police seeking intervention and remedy.
Answer from HC : Looking to the facts and circumstances of the case without reflecting uponmerits of the case,but at the same time takingcognizance of the fact that the applicant has been named by the injured witness taraswi upadhyay in his 164 CrPc statement before the Magistrate, I am not inclined to allow the instant application for grant of AB and dismiss the same. However,the applicant is granted liberty to surrender before the trialcourt and seek remedy under section 439 of CrPc. If such an application is filed, learned trial court is requestedto deal with the same as expeditiously as possible, and if possible, on the same date. Question From My side : Should we surrender to Poilce now ? Should we surrender after 90 days as all are saying that Police has to submit Chalan to court till 90 days from date of FIR. Can Police ask court for remand after 90 days ? We are afraid to surrender to Police due their threat and may be they can use their weapons for anything. 90 days are going to finsih on 7th July 2016. All are suggesting that surrender after 90 days in front of court and you will get a bail. what is your valuable openion on this. Is it Law that Case goes off from police after 90 Days ?
1) you should surrender before court and apply for bail before trial court
2)he jurisdiction of the Magistrate to detain the accused in judicial custody arises only when the accused is produced before him. The Magistrate has the power to detain the accused for a period of sixty days or ninety days, as the case may be, and beyond the prescribed period, the Magistrate has no power to extend detention unless challan is filed. The power to authorise detention by the Magistrate extinguishes on 60th or 90th day, as the case may be, and the law provides that on the expiry of such period he shall pass an order of his release on bail on accused furnishing the bail bond.
3)fter expiry of the period of 60 days or 90 days, the Magistrate does not have to wait for filing of application for bail but has to pass an order for bail and ask the accused to furnish bail bond so that he can be set at liberty
4)While the accused has a right to be released on bail after sixty days or ninety days, as the case may be, the State also has a right to detain the accused on filing of challan and the accused is entitled to bail only on merits.
Question From My side :
Should we surrender to Poilce now ?
The order is very clear that you can surrender before a judicial magistrate court and can get enlarged on bail on the same day so there is no necessity to surrender before police.
Should we surrender after 90 days as all are saying that Police has to submit Chalan to court till 90 days from date of FIR.
The filing of challan by police has nothing to do with your surrender before judicial magistrate court and getting enlarged on bail.
Can Police ask court for remand after 90 days ?
We are afraid to surrender to Police due their threat and may be they can use their weapons for anything.
You are repeating the same question even before knowing the answer for the same through your previous question. You have been advised to surrender before the magistrate court and get enlarged on bail on the same day so you need not worry about police who cannot remand you once you are enlarged on bail.
ll are suggesting that surrender after 90 days in front of court and you will get a bail. what is your valuable openion on this.
This is what has been suggested by lawyers here also, so you may consult your advocate and proceed accordingly.
You have the option of moving the Supreme Court. If you do not want to adopt this remedy then surrender in the trial court to apply for bail. Police can seek your remand which may be granted by the curt. You have been wrongly suggested to wait for 90 days before making a surrender as if you delay the surrender you will not get bail at all. Police can file the chargesheet even after 900 days.