Advocate Madhu Jana

Questions Answered by Advocate Madhu Jana

Q: If a person is charged with 100 offences of same kind upto 5 years..he will be in jail for 100 ×5=50

If a person is charged with 100 offences of same kind upto 5 years..he will be in jail for 100 ×5=500 years? Or aggregate punishment can't exceed 14 years.Will the charges will run consecutively or concurrently?

Advocate Madhu Jana answered
charge is only crime you have made more than hundred or 500 should be comment separately no question perpetual arrest it should be special special image there is not beyond the 14 years. the 12 has been comments on separate way and separate mode

Q: Arrested 4 years back for drunk driving and pulling out a hockey stick

I was arrested back in 2019 at 11pm for pulling out a hockey stick and drunk driving. I was thrown inside the lockup for almost 3 hours at night. Eventually the cops called my name and asked me to come outside after which I was asked to sign some papers and pay ₹1100 fine, which I did and I was free to go but my car was seized, and they were not ready to release it.As per the drunk driving case, I was asked to visit the police station the next morning. I paid the mohari 3500 rupees (most probably fine for drunk driving) and the cop incharge 4000 (bribe). I was asked to call the PS after 10 days. Eventually after 11 days they released my car and gave back all the documents including my driving license(the cop didn’t send it to the RTO for suspension).So my question is, is it all over ? nWas my case sent to the court? nDo I have anything to worry about now?nIt’s been almost 4 years since this incident happened, the trauma of which still haunts me today.

Advocate Madhu Jana answered
you have enquired about the same from the concerned court make search that whether any case is pending in the concerned court or not, if pending then you have to take steps regarding the same.the case should withdrawn from the concern court, after proper enquiry.

Q: Charge framed in absence of absconded accused

If 3 accused out of five accused are on bail . & Chargesheet has been filled by the police with mention 2 accused are absconded. Can charge be framed against remaining 3 accused by the court while 2 accused are absconded till ? If yes , pls give me case laws

Advocate Madhu Jana answered
yes it can, the trial can proceed without arresting the rest persons, there is no necessity to arrest all the accused persons.the process will follow with separate record part record.the trial court can issue proclamation against the accused for expedite the trial.