Legal Question in Criminal Law in India
my father has been arrested under an atrocity case. he has been refused bail stating that the investigation are still going on. the F.I.R. states that my father abused a woman regarding her caste, but my father was not present at the said place nd he didnt say that. the above said complain mentions that the woman was abused on 27th october 2009 nd she has filled the complain after a yearis that applicable and within how much time period should the complain be made. my father is an OBC as well so does the atrocity act apply to him. becoz he already has been arrested what is the quickest way to get him out of jail.
the bail has been rejected in the lower court. how much time will it take to get an bail at the sessions court. is there any means to quache the caes. if there is how much time will it take nd wat is the procedure.
1 Answer from Attorneys
the claim that the complaint has been filed after a year is a good ground for bail before the session. The quashing at this time, may not be the right thing to do. Do it after charge sheet has been filed.
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