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Bail

Querist : Anonymous (Querist) 15 February 2011 This query is : Resolved 
Sir, I am a practicing advocate in a lower division court, i have get a problem for a bail matter under section 376 ipc,because a person was arrested under section 376 ipc and the victim is a deaf and dumb and the police says that she is now under the pragency of 5 months, the session court & high court has already rejected the bail. and now what can i do it ? give me a suggestion.
Devajyoti Barman (Expert) 15 February 2011
Challenge the order before the supreme court or wait till submission of charge sheet.
Sarvesh Kumar Sharma Advocate (Expert) 16 February 2011
full banch of hon'ble highcourt can also consider the cse.
Ajay Bansal (Expert) 16 February 2011
There is no chance of bail in this matter even in S.C.
Kiran Kumar (Expert) 16 February 2011
Generally the courts are reluctant to grant the concession of bail in offences like 376 IPC

the bail application can be filed again before HC in case there is some change in circumstances. Since the girl is now pregnant so I dont consider the HC will grant you concession of bail.

Even Supreme Court is strict in such cases, you may take a chance there. Since the entire FIR is not here so you can better assess your case at the moment.

But make sure proceed in such a manner that there is no finding by higher courts which may otherwise prove fatal to your case.
Kirti Kar Tripathi (Expert) 16 February 2011
My advise is to hand over the case file of this accused, who has committed this heinous crime.
Uma parameswaran (Expert) 16 February 2011
I am supporting Expert. Tripathi's suggestion.
NOTTAM VENKATASAMY (Expert) 16 February 2011
YOU TRY THE BAIL IN HC WITH THE CHANGE OF CIRCUMSTANCES, OTHERWISE YOU WAIT AND MOVE AGAIN SESSIONS, BUT CHARGESHEET NOT FILED IN UPTO 90 DAYS THAT TIME YOU INSIST 167 CR.P.C, THAT TIME THE SESSIONS COURT CONSIDER THE BAIL, BUT THE COURT HAVE DISCRETIONARY POWER, EVENTHOUGH YOU DONT LOSE YOUR HOPE.


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