Getting bail

Querist : Anonymous (Querist) 03 September 2011 This query is : Resolved
if co accused are not arrested is it difficult for main accused to get bail. on basis of long judical custody cant we apply for bail we feel that our lawyer has not argued on valid points for getting bail can we hire a new lawyer and once again apply for bail in sesssion court after 1 week

Follow Query

Report Abuse

Guest (Expert) 03 September 2011
kindly give the penal sections of law, then only other details accurately clarified.

M/s. Y-not legal services (Expert) 03 September 2011
If once bail petition dismissed by sessions court mean, then you can approach your high court for getting bail. Just clear it that how many days accused in judicial custody. If there is more than three months mean he is eligible to enlarge on bail. Unless while the co-accused abscond court will think that accused may tamper the witness or investigation. This s the reason behind dismissal of your bail petition.

M/s. Y-not legal services (Expert) 03 September 2011
In the mean time investigation over, charge sheet filed mean court will release the accused on bail. After started the trial also the co-accused not available mean just file a petition split the case, can proceed further.

prabhakar singh (Expert) 03 September 2011
Expert : tom.advocate rightly suggests you.

Devajyoti Barman (Expert) 03 September 2011
The logic seems to be misplaced. The granting of bail to the main accused does not depend upon the arrest of other co accused person unless the charges are grave like large scale dacoity, economic offence etc.
If the Magistrate is not granting the bail, try the same from sessions court.