can b a legal evidence or not

kumar sachin (Querist) 03 June 2008 This query is : Resolved
can s statement made in a bail application, filed on behalf of the accused, be used as an evidence against him, specially when the accused has refused that he had instructed his lawyer for the same and his lawyer and the pairvikaar also deposed that the statement made in the bail petition were given without the consent from the accused.

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kavita jain (Expert) 04 June 2008
in case there is a retraction of the statement by the accused, the same can not be used against him. But the retraction has to be by way of a duly sworn affidavit.

a.haridasan (Expert) 08 June 2008
Dear kumar sachin ,that can not be ... even in the matter of the confession statement deliverd by the accused ,only can be trated against him through the proper evidence edduced before the court at the time of trial.

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