Advocate Arjun Kumar Shukla

Questions Answered by Advocate Arjun Kumar Shukla

Q: What to do if the appeal is rejected from the high court

My father has been convicted in CBI Trial Court, for 4 years term. He worked in a PSU Bank, and is convicted for forging loan documents to farmers. Now we need to apply for suspension of sentence in High Court Chandigarh, in order to get him on bail,. Kindly advice on the time taken for the same, and the surety of getting the bail from High Court, as my father was only the signing authority of the branch, and the documents were forged by the clerk and Patwari. Both of them have also been given a term of 4 years by the trial court. Kindly confirm if we can get my father out of jail, and what would be the time frame for the same.. Pls help, as my father is a senior citizen with diabetes problem. He is innocent and has not gotten involved in any such matter. Some of the loan amount has already been returned to the bank by farmers. They were sentenced for 3 years term, but got immediate bail from the trial court. Kindly, also share any other issue we should be aware of.

Advocate Arjun Kumar Shukla answered
First you file appeal in high court with suspension of sentence n argu for mail n attach all relevant documents medical etc n if court sentence less than three immediately accused get bail but what court sentence three years or more than three years then accused have to move high court n you was having good chance in lower court n in high court first you higher a good adv okk

Q: Police registered FIR in 420 120 under political pressure

sir, FIR reg. against me & my uncle by police under influence of pol. power. in fir crime against us is that we get money from plaintiff on 2% monthly interest. he say give us 62 lac to us which is 7 lac is in my bank ac bal give by cash. 7 lac which he paid me in 2015 for which i broke a property deal for his brother thats commision which they trf me in my bank ac. i will never take any money from them by cash & no aggrement or legal paper sign for taking any money.in 2017 i trf some 2.5lac to him in 4 inst. bcz he say he is seeking some financial help. after that our relation spoiled & he & some his colleages say they give @ 62 lac by cash me to my uncle.under this false story they reg complaint againt us & in police inquiry before FIR. they make political pressure on police & reg fir in Lalita Kumari vs Govt oi UP (2014) 2 scc 1. now sir please tell me what will i do? will i go for inquiry request to ssp police again or somthing else? will police may arrest me & send to jail?

Advocate Arjun Kumar Shukla answered
1st you hire an Adv he will help you in above position n if we take your prblm so first you make complaint to ssp n if he gives above he must be prove in court by account statement n by ITR so don't worry n if he lodge FIR then you apply for anticipartary bail okk

Q: Is it legal to draw money from account of a patient for her treatment

Mother has dementia. One sibling is withdrawing mother’s funds for mother’s care using presigned cheques. Is this legal? what is the correct way to do it? What should I do?

Advocate Arjun Kumar Shukla answered
it's illegal way to withdraw without free mind consent but if mother gives consent to withdraw the amount for medical care n sign on documents which is required with free mind then that is no offence

Q: Planning to get married wants to get protection from misuse of 498

I am planning to get married in India. we both are divorced and it's our 2nd marriage. I have noticed she always lie about little things and later on try to amend her mistakes with an explanation. I don't mind that as some ppl have a habit of lying I can ignore little things. I am Just bit concerned about misuse of 498a is their something I can do to save myself ahead of time incase she decided to pull some shenanigan on me by using 498a IPC? Is it possible to get mutual written agreement which shows nothing has been taken or given by both parties.

Advocate Arjun Kumar Shukla answered
Yes you make an agreement before the marriage n in agreement you mention condition on her and take signature of her along with witnesses thereafter you perform marriage that's best solution of your problems

Q: Wife not giving divorce but filed fake complaint in women cell

i am hindu , married a girl in family in july 2017, live abroad she lives in india, after few months ,we started having differences , soon after i realized i cant live with her, now she doesnt want to divorce , we have a rented home in india where only my mother is living , few days before a notice came from womens cell telling that she has complained that we are seeking dowry and we were beating her everytime she went to her matrimonial home which is just twice , i stayed with her for 7 days only , then i left overseas where i am working, what are my options , please help it is a torture like situation .

Advocate Arjun Kumar Shukla answered
First for Divorce one year is minimum complete from marriage n second generally Girl never want Divorce because she having much source n law is her favor at present or in India n if she filed complaint in women sell so pl go and tell your problems which are you facing from wife you go without any fear women sell can not arrest you and last you have no option except waiting. You wait for some time