Bail under section 436
Guest
(Querist) 21 January 2011
This query is : Resolved
Sir, A property is leaseowned and rented out to a nursing home in kolkata, whose employees were accused in an FIR under section 148/149/504/506(ii)/324/436/34 of IPC, in a case dated 07/2009.my friend is the general manager of a nursing home who are the tenants. There was a previous rent dispute beetween the landlord and the tenants/ On 29th December, 2010, our lawyer asked my friend and two other employees to surrender in court thinking the case to have been registered under section 430, instead of 436, when the ld judge pointed out that the section is 436 and not 430 as thought by the lawyer, he wanted to take back the petition when the judge ordered that it is not possible and put my friend under judicial custody. on the next day, ie, 30th December, 2010, the bail application was rejected by the lower court. then we moved the session court for bail on 4th januaury 2011, where the ld chief judge refused bail. the next date for bail application was made for 18th january. on 18th january the ld chief judge delegated his powers to additional jugde and the application was heard by the additional judge. during the proceedings, the defacto complainant came and gave a written declaration that he does not have any objection if bail is granted to the accused. the ld p.p. also contended that he does not have any objection if bail is granted to the accused. In spite of this, the ld judge denied bail stating there are sufficeint matter in the FIR to reject bail. Another hearing has been scheduled for 28th. can u pl throw some light as to why the bail has been rejected and if there is any scope in the next hearing? is there any other way to secure bail? thank you.
Ajay Bansal
(Expert) 21 January 2011
In section 436's cases,if case is primafaci strong in the light of whole circumstances and no proper defence is with accused,bail is granted after a custody of 30-50 days.
Guest
(Querist) 21 January 2011
Thank you, Sir. The case is of 07/2009. and since then no action was taken by the police and when the police did eventually go to the scene, they found no kerosine, rope or other elements. Also the fir states that there was a threat to light fire to the lift. No fire was actually started.
Also, sir, would you please elaborate as to what do you mean by proper defence?
Also, do you consider 30 days to be enough period of custody to grant bail, especially when the police and ld P.P. does not have any objection to the bail?
Thank you.
Guest
(Querist) 21 January 2011
Thank you, Sir. The case is of 07/2009. though the J.C started on 29/12/2010 and since then no action was taken by the police since 2009 and when the police did eventually go to the scene, they found no kerosine, rope or other elements. Also the fir states that there was a threat to light fire to the lift. No fire was actually started.
Also, sir, would you please elaborate as to what do you mean by proper defence?
Also, do you consider 30 days to be enough period of custody to grant bail, especially when the police and ld P.P. does not have any objection to the bail?
Thank you.
