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Wrong dicision of ipc 304 b and 498
09-Apr-2023 (In Criminal Law)
The totally wrong dicision given by session court against my family.as the judge has not consider a single evidences.they filed the complain after 2 month, in that period they demanded money, but we had not given.so they filled the complain of 304b and 498.after filling the complain my younger brother sister get anticipatory bail and my brother and parents also get bail after jail of few days.the case was running from last 10 years.as our lawyer completly clerify in hearing and dicussion that alligation of rs 45000 is wrong with lots of reasons. But inspite of that the judge has given all 5 members aajeven karawas. What to do if judge is giving such decision. We already appel in high court. But pl tell me that is it easy to get bail for all. It was the sucide case of hanging of wife.
There is no provision of bail after conviction/after decision. You can only apply for suspension of senctence application along with the appeal. By doing that court will suspend of all the accused persons till final decision of appeal. (This provison is similar to bail).
The High court will peruse entire evidence primafacie before suspension. You can put an argument that your family was on bail during trial. Another argument may be based regarding of other family members expect the husband of victim. You can show the role of other family members by evidence. If you suceed than court can suspend the sentence.. f
For detail advice we have to see record.
The High court will peruse entire evidence primafacie before suspension. You can put an argument that your family was on bail during trial. Another argument may be based regarding of other family members expect the husband of victim. You can show the role of other family members by evidence. If you suceed than court can suspend the sentence.. f
For detail advice we have to see record.
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Adv. Sachin Mittal
Jaipur | 25+ Answers
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Sir ye presumption ka case he.isme sessions court ka decision or chargesheet dekhne ke baad hi advice di jaa sakti he or agar wo log trial ke during bail pe the to ho sakta he unhe bail mil jaye,baaki file dekhne ke baad
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Adv. Kamlesh Kumar Sharma
Jaipur | 25+ Answers
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304b and 498a appreciation no complaint was made when the boday of deceased was handed over after post-mortem complaint was lodged after tow month hanging in none of prosecution witnesses was present at the time of incident.demand of 45000/ for is doubt.session court ignored this aspect that the proceedings were instituted maliciously after a delay of tow month an ulterior motive for wreaking vengeance on the appellate.
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Adv. Rakesh Bahadur Khan
Churu | 25+ Answers
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If you have already filed appeal in the High Court, the court will consider all the material placed before it and thereafter if the sentence is stayed than bail will also be granted during pendancy of Appeal. It depend on the presentation of case and advancing effective arguments to get the sentence stayed as well as grant of bail. So pursue the matter vigorously through your counsel. Good wishes.
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Adv. Rajendra Arora
Jaipur | 25+ Answers
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if there are clear evidence or partial evidence that it was a suicide case and all other things you have mentioned you can have stay on your / family members conviction and also bail .only thing is that your how your advocate pleads case in high court as material facts have been ignored by trial court so remain hopeful you will surely get relief.
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Adv. Devesh Tripathi
Jaipur | 100+ Answers
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