Legal Question in Criminal Law in India

My whole family is falsely implicated in 498A case (it is not a dowry death case). Everyone knows 498a is tilted towards girls side. My brother (main accused, husband) was sent to jail for about 2 months without giving consideration to the bail fact pointers. The high court judge wanted him to pay to girl. He said "No" to settlement because he does not wish to become the victim of extortion. His counsel could not speak in the court and high court judge rejected his anticipatory bail during arguments. Coming to worst scenario all lower courts MM and session also rejected his regular bail. Now the regular bail is listed before the same high court judge who rejected his anticipatory bail. The charge sheet was submitted before his anticipatory bail got rejected and investigation was over long time ago. Now the high court judge is again asking to pay to girl without looking at the facts of the case. My brother is attending all the court dates and earlier also he joined the investigation. The high court judge is not giving him the chance to face the trial and prove his innocence.

There is no legal requirement left for which his regular bail should be denied but high court judge is forcing him to pay to girl. What can be done to get the justice i.e..regular bail when my brother is innocent?

Please advise.


Asked on 4/26/12, 1:54 am

4 Answers from Attorneys
RAJIV GUPTA (Cell: +91 9811284735) [email protected]

am surprised that your brother had to go through all this and he even stayed in JC for 2 months. this is a serious matter and you need to see a lawyer with all the documents. the judge cannot force your brother to pay in lieu of bail.

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Answered on 4/26/12, 2:22 am
KAMAL GROVER

Very Strange, Judge cannot force, even 2 months is too much.

We usually get bail in same day or within two three days.

Better to consult any lawyer alongwith ur documents. or send it at [email protected]

and i will guide you how to save your self.

High Court cannot force you.

Good luck.

[email protected]

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Answered on 5/04/12, 8:03 pm
Sudershan Goel India Law Offices of Sudershan Goel - Advocate

You should ask your lawyer to persuade the court for passing appropriate orders (written) .

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Answered on 5/08/12, 10:09 am
Shrichand Nahar S.V.Nahar, Advocate

If courts are not inclined to grant bail for whatever reason, consider pressing trial court to proceed with the trial.

There are n number of SC and HC rulings about expeditious trial of a person in custody.

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Answered on 7/07/12, 11:13 pm


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