Sr. My brother is charged under sec 364/34, and arrested by police. Case diary submitted to district court but rejected. What options left with us. Go to high court or party for compromise. Please guide.
go for quash of fir under section 482 croc apply for ab bail
1) If the accused is already arrested he must have been produced by the police within 24hours before the Magistrate.
2) The charges u/s 364 I.P.C.are f of offence of Kidnaping or abducting in order to murder. The punishment for such offence is imprisonment for life or rigours imprisonment for a term which may be extended for a term which may extend to ten years , and shall liable to fine.
3) The offence is cognizable, non bailable, not communicable and triable by Court of Sessions.
4) The chances of getting bail is remote.
5) It appears that the police must have submitted the charge sheet but the Court has called for the police diary u / s 172 of Cr.P.C and must have observed irregularities in the diary recordings and has rejected the same. This act of the Court can get a least for the accused to seek bail u/s 439 of Cr.P.C.
6) The accused can also file a Criminal Miscellaneous Application u/s 482 of Cr.P.C. seeking quashing of the F.I.R.
7) Engage an experienced senior advocate.
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Dear Client, Generally in this section 364/34 lower court do not give Bail. But you can apply to High Court for Getting Bail. you will have to take out Certified Copy of rejected order and FIR.You may contact me from this site ASAP for the needful legal consultation and filing at High Court.