REGULAR BAIL
DEEPAK ASSOCIATES
(Querist) 23 October 2010
This query is : Resolved
A person whose name was given in the FIR u/s 406-467-468-471 who stand as witness in Token Money (initial Agreement to Sell) but he did not take part in later proceeding i.e. all other proceeding like Agreement to Sell and Payment was taken placed in his absent. But the complainant dragged him in the case in wrong impression that the person is a partner of the Witness of Agreement to Sell.
The Session Judge refused to grant bail on the basis on that the present accused may temper the evidence whereas the documents are in the custody of Police
In Other case of same type u/s 420-467-468-471 IPC the main accused who forged the document was granted bail by Session on the basis of no useful purpose would serve if the accused be kept in judicial custody.
And my question is what useful purpose served if an inncoment person be kept in judicial custody rather a culpirt person who was granted bail.
Can any one discribed what is judicial mind and their discretionaries.
is there any law for judges why they do so
Devajyoti Barman
(Expert) 23 October 2010
I think that facts as you mention is otherwise fit to obtain the accused person bail. However as the sessions court has rejected it, you should try for his bail from the high court.
s.subramanian
(Expert) 23 October 2010
Yes. That is the only useful option to exercise.
DEEPAK ASSOCIATES
(Querist) 23 October 2010
Thanks every body.
My repeat my qustion
Is there any law for Judges/Magistrate why they do so.
why the Bar counsel of India not try to remove this type of difficulties and set the accountabilities of Judges
In a case the session judge without hear the acused counsel dismissed the bail and written down in his judgement that the couseld agrued infact the agrument mentioned has not been discussed.
Further in case of amount involve more than 10 Lacs normally session court refused to bail why they do so untill some approaches are not there.
SANJAY GUPTA
(Expert) 23 October 2010
Mr. Kapoor you can not raise questions on order/judgement of Court but what you can do is to challenge the order/judgement of the court to the upper forem against which you are not satisfied.
Devajyoti Barman
(Expert) 24 October 2010
Yes, you can challenge any judicial order if you not satisfied by it but you can not question the act of the judge in a public forum.
Sri Vijayan.A
(Expert) 24 October 2010
1. You can challenge the order by a judge.
2. You cant compare bail of A1 in one case with A2 or A3 of other case.
3.If A1 released on bail on same accusations, u can mention it in the petition.
Even then the bail is the discretion
sreenivasa Rao.P
(Expert) 24 October 2010
After all the discretion of the judge must me judicial not arbitrary. If you think that the judge is not reflecting your submissions try filing written arguments.At least you will have an explanation before the Higher Courts.The Judge also being a human being is also subjected to all pressures of day to day life and the same many time reflect in their orders, which are arbitarary and quite against the princples of natural justice.You cannot question the judge why he had arrived at that conclusion.An attempt was made in the High Court of A.P by filing an application under RTI act why the Judgements /citations were not considered.Referer to the Judgements of High Court of A.P 2008/09
