Legal Question in Criminal Law in India
Arrest under IPC 307, I'm on bail, Release of passport
I'm on bail in IPC 307. Police have kept my passport alongwith other items.
I've to file an application to get my passport back.
There is no condition mentioned in bail.
I've my lawyer working on it.
1) Is there a reason they might refuse to return passport?
2) Is there any such thing as they can't release passport before they have completed the investigation? (Chargeseet/B Report)
3) If anyone can tell me how much it would really cost typically (including Lawyer's fee) then it would be great.
4 Answers from Attorneys
Re: Arrest under IPC 307, I'm on bail, Release of passport
1) & 2) Ordinarily, the return of passport will depend on the reason provided by you and the same being accepted by the court. It will be based on the facts of your case.
3) The amount cannot be predicted it will depend on the seniority of your lawyer.
Re: Arrest under IPC 307, I'm on bail, Release of passport
1 & 2 - Depends on grounds made out for return and Report of Police and Say of Public Prosecutor.
3. Professional Fees depends on lawyer and may range between couple of thousand to couple of lacs. There is no expense of court fees etc. is involved in criminal matters.
Re: Arrest under IPC 307, I'm on bail, Release of passport
depends on facts of your case and discretion of court. Fees differ from lawyer to lawyer.
Re: Arrest under IPC 307, I'm on bail, Release of passport
(a) The court may consider several factors before taking a decision on your application. The outcome of your application cannot be predicted.
(b) It may fall within court's discretion.
(c) The lawyer's fee is settled mutually; outsiders may not help in settlement of fee between a lawyer and a client; the amount of fee may vary as per place, the situation and the concerned lawyer.
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