bail application
sachin sethi
(Querist) 03 October 2010
This query is : Resolved
Can a Victim as defined in section 2 (wa) of Code of Criminal Procedure (amendment as effective from 31-12-09) can file a reply to the Bail Application filed by the accused? Please also mention any case law (if any) in this regard.
Sachin Sethi
PALNITKAR V.V.
(Expert) 03 October 2010
Yes. A victim can object to the bail application.
G. ARAVINTHAN
(Expert) 03 October 2010
absolutely, the victim has every right to object the application for bail of the accused
G. ARAVINTHAN
(Expert) 03 October 2010
Even the victim can make his objection in an application for anticipatory bail, filed on behalf of the accused
Kiran Kumar
(Expert) 03 October 2010
No, sorry my view is quite contrary to the opinion expressed by my Ld. friends.
the terms victim has been added recently in Cr.P.C in some different context and not for all purposes. Another Section 357 A has been introduced as a victim compensation Scheme. The term Victim has been defined in this context only.
however, the state or complainant may oppose the bail application under the other relevant provisions.
Devajyoti Barman
(Expert) 04 October 2010
The de facto complainant can indeed oppose the bail prayer of the accused person.
Sri Vijayan.A
(Expert) 04 October 2010
Complainant can definitely object.