Vakalathnama

Solace (Querist) 05 April 2010 This query is : Resolved
My client is in judicial custody for non bailable offence. His wife approached me to file bail petition. My question is how I get the signature of the accuesed at vakalath and also on bail petition. Can I file vakalath and bail petition with signature of his wife or can I file bail petition without signature from accused or his wife.

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O. Mahalakshmi (Expert) 05 April 2010
Yes you can proceed with the signature of the Wife.

Guest (Expert) 05 April 2010
NANDKUMAR B.SAWANT.M.COM.LL.B.(MUMBAI),ADVOCATE
MOBILE.9271971251
e.mail.adv.nbsawant@yahoo.co.in
e.mail.nandkumarbs@sify.com

1 KINDLY NOTE THAT CLIENT IS IN JUDICIAL CUSTODY FOR NON BAILABLE OFFENCE MEANS HE IS AT JAIL UNDER JAIL SUPDT.
2. YOU HAVE TO GO TO JAIL DEPT AND GET THE SIGNATURE OF ACCUSED ON VAKALATNAMA AND IT SHOULD BE DULY ATTESTED BY THE JAIL SUPDT OR AUTHORISED OFFICER.
3 ADVOCATE OF ACCUSED CAN ENCLOSE THE SAID VAKALATNAMA TO THE BAIL APPLICATION WHICH CAN BE SIGNED BY ADVOCATE FOR ACCUSED.PLEASE NOTE.

YOU MAY WRITE OR CALL IN CASE ANY FURTHER HELP IS REQUIRED.
WITH BEST REGARDS TO YOU YOUR FAMILY AND FRIENDS.
THANKING YOU
YOURS SINCERELY
NANDKUMAR B.SAWANT.M.COM.LL.B.(MUMBAI),ADVOCATE

Santosh Kumar.K (Expert) 05 April 2010
you can take the signatures of the accused from jail but the same has to be attested by the jail supritendant.if the the accused appears before the court before filling the bail petition,you can take the signatures of the accused in the court room and it has to be attested by the hon'ble judge

Kiran Kumar (Expert) 05 April 2010
Santosh ji has given you the simple and practical advice.

M Ravinder Babu Advocate Parka (Expert) 05 April 2010
MEMORANDUM OF APPERENCE CANBE FILED IN CRIMINAL CASE BAILS . THIS CONTAINS IN THE PROFORMA FOR THE SIGNATURE OF ACCUSED OR THE INTRESTED PERSONS . THE WIFE IS INTRESTED PERSON HER SIGNATURE IN MEMORANDUM OF APPERANCEAS INTRESTED PERSON SOLVES YOUR PROBLEM INSTEED OF GOING TO JAIL TO GET THE SIGNATURE OF THE ACCUSED SIGNATURE WITH THE ATTESTATION OF JAIL AUTHORITY.

Parveen Kr. Aggarwal (Expert) 05 April 2010
You may get the signatures of the accused on Vakalathnama either at the Jail or in the Court where the accused is to be produced. In both the cases, the signatures of the accused will have to be attested by the Jail Superintendent or the Judicial Magistrate, respectively. There is no need of signatures of accused on the bail application as the same can be signed by counsel on behalf of the accused-petitioner.