Legal Question in Criminal Law in India
Hi,
There was a false criminal case filed against me in Hyderabad. The case has been closed within the 3 months of filing it. But our advocate cheated us by stating that there could be arrest & applied for anticipatory bail. He created a panic situation & extracted huge money. He made the SI call to us, hence we believed that. This happened after closure of the case, which is established now. Since we were not aware of the closure of the case we took the bail. During that time, he rejected one of the sureties we brought & asked his junior to sign for surety. Now after 2 years we got the case details through RTI & found that the case has been closed due to the false information. From the given dates it is clearly established that the bail has been issued after closing the case.
Now i have 2 questions. Would my advocate know that the case has been already closed, but to extract money he made us take the bail? Is it advisable to take any action or complain against him in any panel or somewhere? Second, how should we get the surety money back, which his junior advocate has signed. Even though he signed on it, we have given the money. It is not a small amount to leave. The allegation was made on 5 people, hence we paid 10k each for 2 sureties. Hence we have to get 50k from him. Shall we request the court to grant us this amount without involving that advocate? Please advice.
Regards,
Surya
3 Answers from Attorneys
the court cannot grant the bail unless there is an FIR. you may recheck the facts of the case before taking any adverse step.
i agree with Adv Gupta
1. May be.
2. For refund of surety amount, apply to the Court.
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