Gettying bail -Criminal Procedure Code
Mukesh Chudiwal
(Querist) 06 July 2008
This query is : Resolved
Hello Everybody.
Can u tell me what is the exact procedure to get bail. Which documents and forms one has to prepare and submit and to whom? Pls explain in detail.
Mukesh
deepak kumar
(Expert) 07 July 2008
bail in a criminal case is the first oportunity for the accused to state his defence but it is rather taken casually which is not the right approach.
Bails are of two type 1. Anticipatory 2. Regular
1. Anticipatory bail is taken when you apprehend that you may be arrested and it is first filed in the court of Sessions Judge and if refused then in the High Court.
2. Regular bail is taken when accused is in custody and it is first filed before the magistrate where the case is pending and if it is refused then before the Sessions Judge and thereafter before High Court.
since this needs specialized handling therefore you should contact a good criminal advocate at your place who will help you secure bail
generally you may file a bail petition with documents which support your defence before the magistrate.
Before the Sessions Judge you will have to also file a copy of FIR and rejection order of magistrate and documents supporting your innocence similarly before High Court you will have to file the rejection order of Sessions Judge and other documents as stated above.
arunprakaash.m.
(Expert) 07 July 2008
It depends upon the charge under which the accused has been booked. If it is bailable one the police has power to release the accused in bail. In non bailabe offence the court has the discretionry power to grant and not to grant bail and stipulate conditions for the grating the bail. Normally the following documents required.
Ration card
idetity card
bank passbook
surity bond etc.
anantha krishna n.v. Advocate
(Expert) 06 July 2008
