Advocate Nafees Rupariya

Questions Answered by Advocate Nafees Rupariya (25+ answers)

Q: Clarification regarding 156(3) & police not placed status report under crpc

Dear sir my query is I have put a complaint in police but police have not registered my case after that many approc to senior but nothing to do.then I have put my petitions to district court but till know approx one year have gone nothing to do. Court have demand to police status report but police till yet not place status report in court ,not 3 to 4 dats have gone. So can you suggest any other option those have under my rights

Advocate Nafees Rupariya answered
U can approch to high court of your jurdiction under section 482 crpc with all your orders of district court and claim your right for speedy trial. High court will issue direction in this regard. For further information u can fix a meeting with me

Q: How much time it takes to get bail from high court ?

Bail application rejected from the Session Court. Then it is filed in High Court. How much time is required for a hearing on bail? How many days it takes to get bail?

Advocate Nafees Rupariya answered
If the bail application is for anticipatory bail, the time required is generally only 2 days from the date of filing. On the third day, it will be taken up for hearing.

In the case of a regular bail application, it generally takes 7 days to be listed for a hearing. However, the exact time may vary.

Q: I want to know about my case, what will happen in future, please tell

Sir I was found guilty under IPC sec 324/323/506/341/33 in 2007 in my district, I have charged one year probation bail and convicts are further burdened with litigation costs of Rs. 1000 .I have passed government job exam and but I have fear about if police verification will run, what will happen please reply sir thank you.

Advocate Nafees Rupariya answered
you can file appeal against the judgement of conviction before your high court if appeal is admit then the case will be treated as pending trial which is beneficial for you and you will not face any problem job

Q: Query about Validity of regular bail

What is the validity of a regular bail?? There is a bailable arrest warrant issued. Kindly let me know for how many days bail will be granted by Police or court? and what should the aggrieved party do when such bail is granted to the accused.

Advocate Nafees Rupariya answered
the regular bail is granted to accused till the completion of the try when the trial of the offence is complete in the court till then that used on the bail so we can say that validity of regular bail is till the final judgement is passed by the court. Aggrieved party challenge that order of regular bail in the High Court for cancellation of bail if the aggrieved party have sufficient ground. Like the accused who got the regular bail harass the witnesses and misuse the liberty of bail

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 Nafees Rupariya answered
16 month study period is required for suspension of sentence its amount to be one third of sentence undergone you can say that is the best time for the way after one third sentence is undergone by the accused and for for further it's depend upon case to case for that I need relevant documents for study the judgement challan FIR entire evidence of trial court.