Lawfarm Team
in Criminal Law Civil Law Constitutional Law
Asked May 29, 2016

Criminal case: Want to release falsely convicted accused

  • 1 Answer
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Hi , One of my relative was caught by police under Section 414 of the Indian Penal Code and 25 (1-B)a, 26 and 35 of the Arms Act. District court rejected the bail and finally request was filed to Patna High court. High court gave decision as " the petitioner shall be released on bail on completion of six months in custody on execution of bail bond of Rs. 10,000/- (ten thousand). Later I found that section 414 should have been removed as the vehicle was released after producing proper paper of the vehicle which was on the name of the driver who was driving the vehicle and was listed as one of the accused. I also found that cognizance was taken after 120+ days of prison. I would also like to mention here that the witness ( whose name was mentioned in the case) rejected the such incidents by giving a self declaration signed from Notary officer since the day one of appeal for bail. As this incident was planned by Police and other people. This paper is also attached in the bail request file . Would you please let me know the what can be done now for getting released for accuse. Thanks in advance.

Answer 1

As your relative was charged with S. 414 of Indian Penal Code[1] (IPC) along with S. 25 (1B), 26 and 35 of the Arms Act[2], it may be have been the case that S. 414 of IPC, which deals with concealment of stolen property, was charged with respect to the vehicle as well as the arms. This would mean that even if cognizance was taken of the fact that the vehicle was not a stolen property, S. 414 of IPC would not have been removed entirely, though it might reduce the impact of the section. This section will be removed completely only if your relative was charged for the concealment of the vehicle alone, as the stolen property. The release of the vehicle does not have any substantive impact on the bail request filed in High Court, as the bail order of High Court was favourable for your relative. You can now file a fresh application before the court bringing into notice the new evidence found. This will help your relative in reducing the punishment under S. 414 of IPC. As stated by you, since the signed declaration of the witness was attached in the bail request filed before High Court, bail order granted in favour of your relative must be based on the cognizance of the same by the High Court. However, if you have reasons to believe that the declaration of the witness was not rightly recognised and your relative has substantial evidence to prove that s/he was wrongly prosecuted for the offenses stated above, then an application under S. 227 of The Code of Criminal Procedure, 1973[3] (Cr.PC) may be filed in the High Court for the discharge of your relative from further proceedings. Release or discharge of your relative would require that the witness and evidence are strong enough to invalidate every charge issued against him/her under IPC and the Arms Act so as to quash the entire case.   [1] Available at: https://indiankanoon.org/doc/94452/. [2] Available at: https://indiankanoon.org/doc/1934415/. [3] Available at: https://indiankanoon.org/doc/1056165/.
Agree Comment 0 Agrees over 1 year ago

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