Advocate Shambhu Nath

Questions Answered by Advocate Shambhu Nath

Q: Can bail be obtained for criminal breach of trust and cheque bounce

if there is COMPLAIN case in the section ipc 406 and 138ni act then there is BAIL or not......

Advocate Shambhu Nath answered
yes, bail can be obtained U/s 406 of IPC and 138 of N.I.Act. Although sec. 406 of IPC is a non-bailable section but it is compoundable in nature,if the complainant agrees to compound the case then the Ld.court will compound the matter and grant bail to the accused person as far as sec.138 of NI Act is concerned it is bailable section and a person easily get bail in this sectioon.

Q: Bail for false breach of trust case, Lawyers not responding.

My friend's parents are in jail, and our lawyers are not responding. Need help for bail of her parents. A married guy having children mentally and physically tortured my friend coz he helped her with money during college days .She can't tell anyone coz he threatens to tell her parents about phycial things. Then after 4 years of torture she stopped respoding to him. Now he started abusing her family and he threatened them to sign on 10 lakh payment on stamp paper. After this he filed a criminal case for this. Since she doesn't want her parents to know about physical things, in counter she put a case which is not so strong. Now her parents didn't got bail and are in jail and he is roaming free after using her and putting false case. Since her family is not strong enough lawyers also took money and looted them and when they are in jail are not responding. Can anyone please help what should we do?

Advocate Shambhu Nath answered
Dear friend, there is no need to become hopeless or repent on past mistakes, coz, almighty always keeps a door open for relief. First of all it is important to know that at what stage the criminal case is running in which the parents of your friend has behind the bar.Secondly, it is important to know that in which court your friend has filed the bail application of her parents, coz if lower court has rejected the bail application then the bail application can be filed before Hon'ble High Court. Thirdly, if your friend has no sufficient means he can avail the help of Legal Authority Cell of your District for free legal aid. And your friend is free to engage another lawyer for her work and if previous lawyer has done any professional misconduct then the same cane be brought in the knowledge of concerned Bar Association or Bar Council. For more query call me or meet in my office.

Q: False police case filed by husband against his wife

My mother in law getting tourcher by his husband from the day of marriage,any how she tolerate every thing just because of children good carrier,for daughter marriage but he promised himself that he will spoiled everyone life, so any how she did marriage her daughter but he didn't support and after marriage he lodged fir against his own wife children,daughter father in law and on daughter husband since daughter get toucher by his family, he have lots of money, and we are simple private job , now if we go for anticipatory bail then my job could get in danger. My question is why police not ask before to write the case that what you have prove that your wife stolen 35 lakh rupppes.......rather than torcher the inoncent,,,,,,,,,,,,,,,police are really a bad...

Advocate Shambhu Nath answered
Please don't be so dishearten, in our country if a person lodged an FIR then Police swing into action and starts investigation for collection of evidence,so you must co-operate with Police and give evidence of your innocence and if your evidence is trustworthy then definitely police will submit Final form against you people and seek permission from court to lodge a case against the informant i.e. your father in law U/s 182/211 of IPC. However in a criminal case which is lodged under non bailable sections it is advisable to take anticipatory bail first.

Q: Uncle physically & mentally torturing and giving life threat

Hi, my name is Ankita. I am living with my uncle's family in my grandparent's house. In my family we are three member me, my sister and my mother. Earlier only my family was living in the house but 1 year back my uncle also started living with his family. From then it all started. My uncle has a criminal background so even on small issue, my uncle and aunt started mentally torturing us regularly.They regular abuse and use very bad words for me and my family. They have even try to hit us many time. They slapped and pushed me very badly once. They have even given us a life threatened by saying he will murder us all. Since they is no male in my family and I don't believe that police will do any harm to them. So till the time I have not launched any FIR against them. But the things are getting worse now. They have become more violent and do mental torturing everyday. I don't have anyone to back me up. I can't even concentrate on studies for a single second. Kindly give me any life saving s

Advocate Shambhu Nath answered
Dear Ankita,you have not disclosed your age, if you are below 18 years of age then your uncle and aunt will be liable to booked under POCSO Act (prevention of children from sexual offences Act). But if are above 18 years of age then your uncle is liable to prosecuted U/s 354 of IPC besides other penal sections. For seeking justice it is necessary to lodge an FIR against your uncle and aunt without fearing. Actually your uncle and aunt is taking advantage for not making any complaint against them before any competent authority. So, without further delay move to your nearest Police station to register an FIR against them.

Q: Advice when criminal case instituted by villagers harming the career

Dear Sir/Madam I did B.tech. and preparig for Indian Engineering Services but in this durga puja my villagers filed a case of IPC 147,148,149,307,379,504 & 506 against my whole family whereas fight happens with my younger brothers and i got custody by local police from my home and sent to jail for 15 days. The petitioner gets minor head and hand injury and discharge from Hospital within two days and working properly. Please suggest me Is this harmful for my career? And suggest me what steps i should take now. 

Advocate Shambhu Nath answered
Mere institution of a criminal case and a judicial custody of some days is not enough to make a person offender unless or untill the judicial court convict him. So, do not worry about your judicial custody or making you an accused in a criminal case.In our country a person is supposed to be innocent untill court convict him for that offence.for detailed querry consult me on my cell no.