bail

umapandya (Querist) 10 May 2009 This query is : Resolved
1)if a person under trial is in custody for a period greater than the term of sentence that can be given to him if he is convicted then is it a suffecient ground for bail 2)what are the sections under which person can claim for right to bail due to oldage

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deepak kumar (Expert) 10 May 2009
i) as regards first part of your question please go through section 436-A of the CrPC.

2) there is no seperate section for grounds of bail such as old age or any other ground.

A V Vishal (Expert) 10 May 2009
Dear Umapandya:

Hope this citation will be helpful:

Citation: AIR1979SC1377, 1979CriLJ1052, (1980)1SCC108, [1979]3SCR760

adv. rajeev ( rajoo ) (Expert) 11 May 2009
If the accused is convicted and he is already in custody for term which is more than term of sentence, then the court will set up the period and will release the accused.

N.K.Assumi (Expert) 11 May 2009
Agreed with the members.

K.C.Suresh (Expert) 12 May 2009
IT WILL SETOFF

Uma parameswaran (Expert) 12 May 2009
If a person under trial is in custody for a period greater than the term of punishment then the Court shall set off the period and set him free.
There is no separate section in CrPC for old person in relation to bail.

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