Bail procedure
saqib
(Querist) 13 November 2011
This query is : Resolved
what is the procedure to bail out the person who are deported and arrested due to illegal crossing the border ?
Arun Kumar Bhagat
(Expert) 13 November 2011
By moving the bail application in deported Country.
saqib
(Querist) 13 November 2011
he was from india and was trying to go outside country illegally.. and now in jail.. so where i have to file bail application which doc have to attach.. court will acquit him or will grant bail just . with fine or not ?
Sailesh Kumar Shah
(Expert) 13 November 2011
totally depend upon court's discretion and facts of the case.
Rajeev Kumar
(Expert) 13 November 2011
I agree with mr. shah
Shonee Kapoor
(Expert) 13 November 2011
The procedure is same, the discretion is of the court.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
prabhakar singh
(Expert) 13 November 2011
The principal for granting bail as discussed by S.C. is as follows:
The society has a vital interest in grant or refusal of bail because every criminal offence is the offence against the State. The order granting or refusing bail must reflect perfect balance between the conflicting interests, namely, sanctity of individual liberty and the interest of the society. The law of bails dovetails two conflicting interests namely, on the one hand, the requirements of shielding the society from the hazards of those committing crimes and potentiality of repeating the same crime while on bail and on the other hand absolute adherence of the fundamental principle of criminal jurisprudence regarding presumption of innocence of an accused until he is found guilty and the sanctity of individual liberty.
Sri Vijayan.A
(Expert) 14 November 2011
Perfectly agree with Mr.P.Singh.
The bail is discretion of the Court.
