Tuesday, August 16, 2011
Dear experts, This is a very unique case and we seek legal opinion . A person is arrested by police on compl?
Firstly, it is to be noted that there is no legal validity to the doent executed by accused during police custody. Actually, the accused should have complained about the wrong done by police when he was brought before magistrate. Anyway, time has not gone yet. If the accused is not liable to pay anything to the complainant, he should not pay even a farthing now and even lodge F. I. R. against the complainant and the concerning police employees who forcefully extracted Rs. 1,00,000/- from the accused. Police would not accept the complaint against their colleague easily, hence, the accused should make complaint to the higher police authorities. Private complaint can also be filed in court. Similarly, complaint may also be given to State Human Right Commission. It is very easy procedure to make complaint to the SHRC. You can write the complaint in your local language and send it by post to the SHRC. There is no need of lawyer even to make complaint to the SHRC. As far as bail is concerned, it is not correct that court will grant bail only if Rs. 11,00,000/- are given to the complainant. Eleven lacs rupees is not a trifle amount which can be paid only to avoid the custody of a day or two. The court will not detain the accused in custody for indefinite period without trial. Fight against injustice with courage and contest the case with the help of able lawyer if police files charge-sheet. The most important thing is that don't give importance to the threats given by complainant. The court will decide bail application on merit and it will not be decided as per will or mercy of complainant or police. If police files charge sheet, during trial also the accused can show the court how he was deceived. Don't fear anybody if the accused has not done anything wrong. However, if he is really liable to pay anything, then there is no wrong if he makes compromise with the complainant.
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