Bail

Querist : Anonymous (Querist) 12 September 2011 This query is : Resolved
CA by profession, man is named by main accused in one case among seven cases registered against main accused.The charge; alleged to have fabricated bank loan sanction letters. In JUdicial Custody for a4 days. Nothing recovered during or after investigation while in police custody for 3 days.Whatever documents are seized all are from the custody & premises of main accused.The sections against main accused are IPC 417, 420, 467, 468, 471 & 120B.
Please let me know some solid points for arguing bail.

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Ajay Bansal (Expert) 12 September 2011
Named by Main-Accused before police is hit from section 25 of Evidence Adt,if no other evidence is found against CA.Argue on this point.

Guest (Expert) 12 September 2011
I agree with Shri Ajay bansal, as according to sec. 25 if IE Act, any confessional statement given by accused before police is inadmissible in evidence and cannot be brought on record by the prosecution and is insufficient to convict the accused; Ram Singh v. State of Maharashtra, 1999 Cr LJ 3763 (Bom).

Also, burden of proof lies with the prosecution. So, the police can have to prove the offence only if it has got any solid evidence against the CA.

So, I hope the bail can be feasible without any difficulty.