My father F had 2 brother B1, B2 both elder then him live on a joint plot and this plot is the issue of all dispute b/w B1 and B2/US, we have good relation with b2 and noone talks with b1 On a particular day B1 daughter raise a complaint against me and two son of B2 as main accused: Abstracts of FIR: She told that his fake brother (claiming him as brother in FIR) was stabbed by me and B2 sons both had arm and fire in air, and warn her that next time the bullets will go through her head, later three rusted empty shell found out at site, further she has involve all of the family member including me, my sister father, mother, B2, his both sons his wife (except one daughter of B2) in this FIR. MLC confirms that there is a stabbing. Section 307,452, 506, 34 and Arm Act 25, 27, 54, 59 was mentioned ============== I was not present when this fake incident happen i was at home 30KM away and exactly boarding my office cab, B2 sons was sleeping at that time, my sister was there preparing to go to office, later all of us was called at police station, we have meet (me and s1, s1 sons of B2) SHO, DG of police, and narrated all of incident, and has given all the information in written to SHO, after meeting them the IO made us to site till 9:00Pm and told us to leave telling that he can call us anytime of the day and we have to be there. After that we hire a duffer lawyer L1 to look into this case, he being not serious about this case, he filed bail application without an FIR which was rejected by court. Later after month we talk the IO who is also very lazzy, did not collected any proofs, but still assured that he don't need to do much as the case seems fake. We have meet IO several time again but he assured that case doest seems to go anywhere. Nothing was done for about 2months and after around 2.5 month new IO called s1, s2 at police station for some talks related to case. Later that day both was arrested. I called another lawyer L2 who told me to leave my home and switch all communication, Later the L1 applies 4 bail application for S1 and S2 , B2 and his wife that was rejected. I begin very serious about this case i self collected all of my proof from my society CCTV, office cab, office attendance, GPS location data and office records showing that i was in office cab at the time of STABBING Now I hire L2 for representing my anticipatory/ interim bail Questions: What happen next? as 4 bail applications is already rejected. Are self collected proof of presence enough and are accepted by court as proof for bail? What are the chances of me being arrested? What to do when if my bail application rejected? Any advice to follow now.
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1)you can enclose evidence in your possession in your bail application to prove that you were not at site when alleged incident happened
2) also enclose all said documents with a covering letter to IO who is conducting investigations in your case
3) if bail application is rejected in sessions court then appeal before the HC
4) you do have strong case on merits and you should be granted bail
1. If the bail applications are rejected by the Sessions Court then the remedy is to move the High Court against this order.
2. The court hearing the bail application can surely examine the material collected by the accused/applicant in support of his bail application.
3. Unless you get some relief from the HC you may be arrested at anytime.
1.It seems it was anticipatory bail which was rejected. If that is so then ask the police to submit the charge sheet.
2,Once the charge sheet is submitted it means end of investigation which promotes the court to grant bail if you apply for regular bail on surrender.
3. Submit all the proof to the IO nad keep a recipt of its submission.This willhelpyou during bail hearing.
4.Criminal case arising out of civil dispute is not taken seriously. So I do not find any immediate chance of arrest.
Many thanks all for all the responses. -------- Clarification : Currently S1, S2 are in jail, Lawyer L1 foolishly applies to bail out both, got rejected on ground of terror to society, and on next day he applied anticipatory bail for B2, and his wife got rejected on grounds of not required. Total rejection 4 by the same judge J1 who is going to look after my case ----------------- Additional information: Lawyer L1 guide us very badly and did not told us to go to Old IO for giving any proofs etc. to verify, but still I have mentioned to collect all the evidences in my application to SHO, at the time of calling at police station on the same day of incident. The old IO at that time seems very convinced and agreed upon all my points. ---------- Now: Old IO returns The Lawyer L2 applies for my anticipatory/ interim bail, J1 was on leave so another judge J2 who look at my case and all those solid proof but did not grant any bail and has given another date in court of J1. This raised many question in my mind and fear of arrest. Still no charge sheet is prepared. ------ @ Devajyoti Barman: yes it’s a civil dispute still S1 and S2 got arrested. ------ Questions: 1.a) As my proofs are solid, how to convence IO to not to arrest me and speedup the chargesheet process? willi be on mercy of IO (before the filing of charge sheet)? What authority does IO has in arresting me? OR What are the ground in which the police can arrest me? even after seeing the evidences 1.b). why did the police only called S1 and S2 in the begining, not me? 2. J2 seems to be very convinced about my proofs, but still said in the court that “this is a 307 case”, giving me another quick date in court of J1, Why judge J2 din’t grant bail as the proofs are solid? 3. As per L2 it would take around 20+ days to get bail from HC. Again very difficult for me to continue like this. Any possible near relief for me? 4. What are the effect of rejection of bails of s1 and s2 (mentioning terror to society), on my bail application? 5. Does my letter to SHO will help me in bail? 6. Is bail rejected authorized police to arrest me? 7. Is no chargesheet is the only reason for arrest of S1 and S2? 8. Finally, How can i help to bail out S1 and S2? both are bread earners to B2 family, and there financial condition are not so well.
1) go and meet the IO as to the stage of investigation and when charge sheet would be filed
2) police would record your statement during course of investigations
3) it is at the discretion of court to grant bail
4) S1 and 2 rejection of bail should not affect your case if you were not at the scene of crime wherein offence was allegedly committed
5) your letter to SHO would be considered by the court
6) if your bail is rejected you can be arrested
7) S1 and 2 should appeal against rejection of bail before HC
Questions:
What happen next? as 4 bail applications is already rejected.
They have to file the bail application again after few days or to file the bail application before the sessions or high court.
Are self collected proof of presence enough and are accepted by court as proof for bail?
They may not be admissible until it is substantial and proved beyond doubt, in any cae the high court may not consider them if they decided to reject or dismiss the bail application.
What are the chances of me being arrested?
It depends on the police action and the pressure from the defacto complainant,
What to do when if my bail application rejected?
You may have wait for at least another fifteen days and then re-apply for anticipatory bail.
Any advice to follow now.
For the present you go into hiding.
1.a) As my proofs are solid, how to convence IO to not to arrest me and speedup the chargesheet process? willi be on mercy of IO (before the filing of charge sheet)? What authority does IO has in arresting me? OR
The proofs or evidences in your possession will not be of any use now.
The charge sheet will be filed at the convenience of police you cannot put pressure on them for speedy submission.
Once a FIR s registered, then the police has to arrest the accused.
What are the ground in which the police can arrest me? even after seeing the evidences
It is discretion of the police, they may not consider the evidence in your side while they have decided to arrest you.
1.b). why did the police only called S1 and S2 in the begining, not me?
You also will be summoned shortly.
2. J2 seems to be very convinced about my proofs, but still said in the court that “this is a 307 case”, giving me another quick date in court of J1, Why judge J2 din’t grant bail as the proofs are solid?
You cannot question the authority of court, it is the discretion of the judge.
3. As per L2 it would take around 20+ days to get bail from HC. Again very difficult for me to continue like this. Any possible near relief for me?
You have to go by court procedures, your priorities cannot prevail over the court procedures
4. What are the effect of rejection of bails of s1 and s2 (mentioning terror to society), on my bail application?
You have to wait and watch the developments
5. Does my letter to SHO will help me in bail?
No, that has no impact to the bail argument
6. Is bail rejected authorized police to arrest me?
The police can very well arrest you if you are not enlarged on bail.
7. Is no chargesheet is the only reason for arrest of S1 and S2?
The arrest is made on the basis of FIR
8. Finally, How can i help to bail out S1 and S2? both are bread earners to B2 family, and there financial condition are not so well.
A fresh bail application may be filed before the high court.
The judge J1 order IO to verify the documents The IO visited all the places and verified all my proofs. Later the judge J1 dismisses my application on the grounds of bench hunting (due to first AB withdrawn, applied by lawyer L1) and the wounds are of very serious in nature. And ground that is in 20min i can travel 30KM in morning rush hours. ---- Now: My lawyer has applied my bail application in Delhi High court. -------- Questions: What are my chances of getting AB from HC? is HC is more liberal in AB? What option do i have after High court rejects? Chargesheet still not field but Its going to be 90days from FIR registered date, is this can help me in anything? I have given what i have for that day and all evidences are verified so why police arrest me now? for what? recovery of weapon which i never used? Just a name in FIR is the reason for arrest? I had a family and job, what to do now? Any important advice to help me?
HC would grant you AB after considering evidences mentioned by you
2) if HC rejects your AB then you can move SC for necessary reliefs
3) if there is no evidence against you then your name would be dropped as accused in the charge sheet
4) you would not be arrested if you have cooperated with investigations
5) wait for High court on your AB
Yes, generally high courts are bit liberal in such cases.
You can apply once again after some period of lapse.
Police may take time for filing charge sheet beyond 90 days also. You can mention the delay in your bail application.
Once FIR is registered the police will take steps to arrest.
Arrest will be made after a person is named as an accused in FIR.