Legal Question in Criminal Law in India

Thanks for your reply Mr. Gupta and all well wishers,

My brother has already changed the counsel. The high court judge is not letting my counsel speak and giving preference to the opposite party. Opposte party is using every tactic to make my brother harrass and humilate before others and taking the advantage of biased situation. The high court judge after sending 2 months my brother in jail is bent upon sending him again to jail. "Pay or go back to jail". My questions are

A) If we assume judge is biased and my brother is not running away from justice and fulfiling all the parameters of getting the bail. Can the high court judge misuse his discretion powers and deny the regular bail? What are the grounds of rejection?

B) Some people suggested to put up an application before Chief Justice and enumberate all wrong doings in the petition or go to supreme court.

I sincerely appreciate and would be extremely obliged if you answer the queries stating the Pros and Cons in A) and B)

Thank you in anticipation

---------------------------------------------------

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.

RAJIV GUPTA

(Cell: +91 9811284735) [email protected]

Kar Vai Legal Solutions, Founder, 359, Western Wing, Tis Hazari Courts

Delhi, India., 110054

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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.

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