Advocate Soumya Rai

Questions Answered by Advocate Soumya Rai

Q: Obtaining bail as application for suspension of sentence granted

my lawyer get a liberty order on 27-10-2016....here it is After arguing at length, learned counsel for the appellant wants to withdraw I.A. No. 1 of 2016, an application for suspension of sentence and grant of bail to the appellant with liberty to renew the same after two years, in case the appeal is not decided on merits. can u seggest me what is the meaning of this order?? my lawyer told me that after 27-10-2018 we can reappeal for bail..and got easily bail for the case...can you please help me..i am very tensed..should i trust him?? can we get bail definitely??

Advocate Soumya Rai answered
Meaning of this order is that, the application for grant of mail and suspension of sentence has be withdrawn with liberty to revive it in an appropriate time.. yes u can definitely get bail when ever the new application for grant of bail is filed and come for hearing. This is a normal procedure of the court and need not to worry about the withdrawal of the application for bail. Please ask from your advocate to file a fresh application for grant of bail after 6 months from the date of withdrawal. Depending upon the merits of the case and the circumstances bail can be easily granted by the court in criminal appeal

Q: What are the grounds on which Bail is granted ?

My father was acquitted in PCA act but convicted in ipc sec 420.He is physically handicapped and is 60 years of age.He took charge of office after 6 months of occurence of crime.He was not involved but got convicted. The decision came after 20 years of trial.We have filed the case in High court.Will he get bail and more importantly suspension on sentence given by lower court

Advocate Soumya Rai answered
Yes.. definitely he will get bail from from high court. As the offence is of 20 years back and the applicant is above 60 years of age and more over handicapped. As there are plethora of judgments which says that the if there is no involvement of the applicant is the said criminal activity, he should not be convicted or made as an offender in criminal cases. Even suspension of sentence can be given upon the non involvement of the applicant as he has no role to play in the said criminal activity which he got punished under section 420 IPC. The basic ingredients of PCA. Is involvement of the applicant if that has not be proved by the prosecution in lower trial it’s easily to get bail under suspension of sentence U/S 389 of CRPC. Hence I found it a good case to get bail.

Q: Milk delivery boy ran away with the motorcycle and containers

Our servant CUM milk delivery boy ran away with the motorcycle and containers. Police didn't lodge an FIR however I have the receipt of application I gave them. 4months have passed but no action has been taken so far. Is it a cognizable offence. Police says you have willfully given him the motorcycle so theft FIR can't be filed

Advocate Soumya Rai answered
Police is bound to lodge an FIR whether it is a cognizable office or non cognizable office. Lodging an FIR is a right of the citizen under Crpc and police can’t deny to lodge an FIR. If police is not lodging an FIR under section 154 CRPC, the complainant may make an application under section 156 before superintendent of Police to lodge an FIR, the Supretendent of Police the direct the concern police station in charge to file an FIR.

Q: Shopkeeper not handing over bill for delayed payment

Maine 2017 me mobile kharida tha aur 4mahine me poora payment karne ka baat huva tha unfortunately 8 mahine me vo payment huva maine poora net amount de diya par dukandar bill nahi de raha mujhe kya karna chahiye.

Advocate Soumya Rai answered
Customer should definitely get the bill. It’s his legal rights to get the bill of any purchase from any shop. If incase the shopkeeper is not giving the customer, the copy of the bill, customer have a right to lodge a complain against the shopkeeper in cunsumer forum of concern area. It is the duty of the cunsumer forum to lodge a complain of the customer and to take necessary action against the shopkeeper Thanking you Soumya RaiAdvocateHigh Court Chhattisgarh