bail

eswaramurthi (Querist) 03 July 2010 This query is : Resolved
offence is bailable in nature for example U/s.138 NI Act, in default of appearance finally NBW issued. After execution of NBW the accused remanded to judicial custody. Now under what sec bail application to be filed? whether U/s 436 CrPC or 437CrPC?

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DEFENSE ADVOCATE.-firmaction@g (Expert) 03 July 2010
For bailable offence bail is right and no court will insist for mention of any section.

Guest (Expert) 03 July 2010
NANDKUMAR B.SAWANT.M.COM.LL.B.(MUMBAI),ADVOCATE
MOBILE.9271971251, 9960223100
e.mail.adv.nbsawant@yahoo.co.in
e.mail.nandkumarbs@sify.com
REGARDING THE MATTER KINDLY NOTE THAT.

YOU MAY SUBMIT BAIL APPLICATION TO THE SAME COURT AND PRODUCE ALL DOCUMENTS OF SURETY,SUCH AS RATION CARD,ELECTION ID CARD PROPERTY PROOF OF HOUSE OR LAND OWNED BY SURETY,AND PHOTO OF SURETY AND ACCUSED.COURT WILL ALLOW THE BAIL AS IT IS A BAILABLE OFFENCE.

IN SOME CASES IF ACCUSED IS ABSENT FOR A VERY LONG PERIOD AND IS PRODUCED IN COURT ON NON BAILABLE WARRANT, COURT MAY IMPOSE SOME CONDITIONS OR MAY ORDER HEAVY BAIL BOND.THEN IN SUCH CASE YOU MAY APPLY TO THE SESSIONS COURT FOR REGULAR BAIL AND REDUCING THE AMOUNT OF BAIL BOND OF SURETY.
YOU WILL SUCCEED.
YOU MAY WRITE AND SEND DETAILS FOR ANY FURTHER HELP .WILL HELP YOU.
GOOD LUCK.

pawan sharma (Expert) 09 July 2010
I do agree with shri shashikumar.

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