bail application

Querist : Anonymous (Querist) 12 May 2011 This query is : Resolved
helllo all learned friends,
my client was arrested u/s 380 and 454 of ipc and he was remanded for the 2 days then he was presented before the jmfrc for bail the bail application was rejected by the jmfc stating reason that he is not a local residence of the place where the incident taken place and investigation is not completed the investigation is at the crucial stage
i challagned the said order before the sessions court pls tell me points of argument and also provide the citation regarding such type of bail application
regards

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Guest (Expert) 12 May 2011
in case of the bail it is not the ground for the rejection of the bail that the accused is not the local resident. at this point you can say that the person is tendering the local security for the bail and if the order is not in written than mostly the sessions courts allows the bail

M/s. Y-not legal services (Expert) 12 May 2011
At the time of your representation for bail, just try to convince the sessions judge by promising that the surety persons will be as local residence peoples.. Accused will not abscond, will not tamper the witnesses, etc.. The rejection of the earlier bail for that said reason is usual one. Still investigation not completed.. After bail if the accused got abscond mean? So its rejected on that grounds.

M.Sheik Mohammed Ali (Expert) 12 May 2011
yes, very good query reply mr. tom

Bhawani Mahapatra (Expert) 12 May 2011
Dear Sir
while deciding a bail petition, the Magistrate usually look in to the following aspects:
1. the accused will not flew away from his jurisdiction. (probably thats why he might have rejected the first petition.)
2. he will not temper with the material evidence. (though the investigation is on progress)
3. he will not influence the witnesses in any manner.

If you can convince the judge on the above points so also if you offer one or more local surity for the accused, you can succeed in getting bail. In some cases Judges allowed bail after taking cash surity from non-resident offenders. You can also offer in that manner also.

M/s. Y-not legal services (Expert) 12 May 2011
Thank you mr.sheik..

DEFENSE ADVOCATE.-firmaction@g (Expert) 19 May 2011
this is a problem on pan India basis, you have to go to higher courts. Bail is right and unjust conditions are denial of that right.

Advocate. Arunagiri (Expert) 19 May 2011
Rejecting the bail application holding that he is not a local person, is illegal. There can be any other grounds for rejecting the bail.

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