Advocate Nafees Rupariya

Questions Answered by Advocate Nafees Rupariya

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.

Q: Remedies against frivolous complaints

I have been harassed by being a subject of series of multiple false police complaints by a person since last 4-5 years in the same matter. Although all the complaints were filed and his complaints were found by police as of civil nature as the complainant has never presented any actual proof or evidence and has propagated his false complaintsby local political pressure. Although a FIR was never registered but i had to present myself in police stations several times and undergo unnecessary harassment at different times. the complaint was filled by police at least 8-9 times including a SIT investigation and a inquiry by IG Police. He has alleged, that i used details of his firm to manufacture a product under his name which is not true, there is only speculative theory to support his argument and he uses this plea to call for sec 420. Is there a way the police can be forced by court to open sec 182 for him or sec 156(3) ? is there any legal means i can fight him?

Advocate Nafees Rupariya answered
AT THE VERY FIRST YOU WRITE A REPRESENTATION NARRATING ALL THE FACTS TO S.P. However, if you do not receive any satisfactory action even after complaining to the Superintendent of Police, then you can file an application to the Magistrate having jurisdiction under Section 156(3) of the Cr.P.C.

Q: Procedure for change in name in CBSE certificates.

I want to change my name in CBSE certificates and also I have made an application to CBSE Chairman. In reply, the authorities state that Court ordes are required for change in name. Kindly guide me as to what is the procedure and what suit is to be filed; whether suit for declaration or a suit fo madatory injuction a writ of mandamus directing CBSE for the same is to be filed. And whether affidavit and publication is required and if so, then how to publish it in official gazette.

Advocate Nafees Rupariya answered
writ of mandamus directing CBSE for the same is to be filed before the high court of your jurisdiction is the proper solution of your problem. That is the onely way to change your name in certificates