Meghavath M R
(Querist) 03 May 2013
This query is : Resolved
A VIP well known for his social service and fight against corruption has been willfully implicated by the police as a personal revenge under IPC 143, 147, 341 r/w 149. He was not at all connected with the crime and even not aware till he got Court summons. Now, he is enlarged on bail and attending the Court.
Can the innocent VIP lodge a PCR now and what is the procedure?
you face the case, if you are in chennai call me i will suggest good lawyer for this case.
(Expert) 03 May 2013
Dear Querist all the sections 143, 147, 149 & 341 of IPC are bailable offence and the accused is liable to get bail as right. as per section 436 of Cr.PC 436. In what cases bail to be taken. 436. In what cases bail to be taken. (1) When any person other than a person accused of a non-bailable offence is arrested or detained without warrant by an officer in charge of a police station, or appears or is brought before a Court, and is prepared at any time while in the custody of such officer or at any stage of the proceeding before such Court to give bail, such person shall be released on bail: Provided that such officer or Court, if he or it thinks fit, may, instead of taking bail from such person, discharge him on his executing a bond without sureties for his appearance as hereinafter provided: Provided further that nothing in this section shall be deemed to affect the provisions of sub-section (3) of section 116 or section 446A1*. (2) Notwithstanding anything contained in sub-section (1), where a person has failed to comply with the conditions of the bail-bond as regards the time and place of attendance, the Court may refuse to release him on bail, when on a subsequent occasion in the same case he appears before the Court or is brought in custody and any such refusal shall be without prejudice to the powers of the Court to call upon any person bound by such bond to pay the penalty thereof under section 446