bail
amarendra
(Querist) 16 October 2009
This query is : Resolved
is there any case law of the apex court or high courts as to how bail petition are to b disposed of if an accused surrenders in a nonbailable case, like it should be heard in the 1st hour to enable accused to approch higher court.
Kiran Kumar
(Expert) 16 October 2009
there is no such guideline that it should be heard in the very 1st hour.
you can not dictate terms to the court.
by surrendering in the court the accused is not doing any charity towards the court, the bail application is supposed to be decided on merits and keeping in view the facts and circumstances of the case.
however the petition has to be decided expeditiously.
amarendra
(Querist) 16 October 2009
sir, thanks for your opinion , fact of the matter is when i am entitled for an favorable order taking in to consideration marit of the case then why should i have to suffer remand to custody even for a day.i cant afford to move pet u/s 438crpc
A Truthseeker
(Expert) 16 October 2009
Of course you may be enlarged on bail by the higher court but that can not be a matter of compulsion to the trial court. you are approaching the lower court not as an individual but as a member of the society so you are to subject yourself to the usual criminal procedure of the land otherwise for every individual a separate court requires to be established.
Kiran Kumar
(Expert) 16 October 2009
Amrendra better approach the Local Legal Services Authority.
they will provide you with Legal Aid, some counsel will help you and for you it will be free of cost....as you said you can afford...
amarendra
(Querist) 16 October 2009
mr kiran pls go through judgment of all high court reprtd in ccr 1991-1-682 and tell me whether same can be of any use
Raj Kumar Makkad
(Expert) 17 October 2009
Amrendra! The CCR definitely covers ciriminal citations of different high courts and appropriate authority contained therein must help your case.
