Advocate Rohan Sharma

Questions Answered by Advocate Rohan Sharma

Q: How To take Bail In Ipc 354...?

Kya ipc 354 me same day bail mil jaati hai.........................................................?

Advocate Rohan Sharma answered
354 is a non-bailable offence and bail is not granted at the police station. You have to approach the Metropolitan Magistrate for it by filing an application for bail through a counsel. You can be granted bail on the same day when the application is heard.

Q: Suffering From FROTTEURISM Disease

Is ipc 354 applicable on person suffering from frotteurism.will he be acquitted.What is the procedure?

Advocate Rohan Sharma answered
It depends on whether he took the plea of Insanity or temporary insanity at the time of framing of charges or before that. It cannot be introduced at the time of leading Evidence or Final Arguments. You can counter it with medical analysis.

Q: Crpc 437 (Such Person Shall Not Be Released ........................ )

If a person convicted in two or more offence of ipc 354 can he be released using crpc 437 ?In crpc 437 it is written such person shall not be released if previously convicted of two or more occasions of cognizable offence punishable with imprisonment of three years or more but not less than 7 years..But ipc 354 is more than 1 year but extend to 5 year..Please help

Advocate Rohan Sharma answered
Section 437 related to bail and cannot be invoked after the court has convicted the accused. Once conviction is ordered, your only legal resort is to file an appeal against the said conviction and ask the court to suspend your sentence or keep you out on bail.

Q: PAROLE In Case Of Ipc 354.....

Do parole given if you are convicted under section 354..What is the duration of parole..............

Advocate Rohan Sharma answered
Parole can be granted but you need cogent and strong reasons to be released on parole. The duration of parole usually depends on the motive for what it is granted for. It can range from 1week to about 4 weeks, in usual cases. Can be extended or reduced depending on the purpose.

Q: procedure to follow in complaint case declared sine die with FIR order

As an education consultant, a client had approached for us for canada study . He paid us money through bank. We attanged for his admission, got him offer, did all regular procedure for overseas admission and even sent him to Embassy where he was refused twice as the Embassy was not satisfied about his intentions and doubted him to stay there only post studies. We incurred all the cost and paid fees eveywhere and even returned part payment . But he tried to recovel all money by making complaint under 200 and did not mention expenses paid but wanted all payments. The MM took one year and Police stated that there is no case for police as this was mutual arrangement.In spite of this, The MM did not care our side and closed case sine die by ordering POlice to investigate and register and arrest only if the police feels it is necessary . We feel vindicated about the whole process and want to safe ourselves and how to file counter case for false allegations against the complainant ..

Advocate Rohan Sharma answered
The first step is to file an appeal with the Court of Additional Sessions Judge or approach the High Court to reverse the said order and quash the said proceedings. After that, you can take action against the present Complainant for filing false FIR and spoiling your reputation.