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jayakrishnan   29 August 2017

Question : bail principles

Facts:

1. Maximum punishment of an offence is Lifeimprisonment

2.Police filed chargesheet within 90 days.

Is the above means that a person has to mandatorily spend total trail pediod in the prison ?



Learning

 6 Replies

Rohit Srivastava   29 August 2017

Nope. It does not. You can get an anticipatory bail even in heinous crimes as well as bail.

jayakrishnan   29 August 2017

ok..then what is basis of bail, getting and not getting bail ?

Rohit Srivastava   29 August 2017

Read chapter 33 of the criminal procedure code. Google.

jayakrishnan   29 August 2017

ok...i understand as all dependent on evidence at a particular moment of the proceedings and time limits prescribed..but people arrested in anti terrorisom laws etc..never get bail..is there a special reason for that ? Or in any particular act (say, POSCO), stringent bail provisions can also be brought in ?

Siddharth Srivastava (Advocate)     29 August 2017

No. It is not mandatory . Person may apply for anticipatory bail if ground so exist. Granting a bail the discretion of judge. The case file is required to be examined to render any advise relating to case. Sidharth 9811776422

jayakrishnan   30 August 2017

Thanks..just for an academic interest, put the question.


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