Padam (Lawyer) 03 November 2011

Antispatory bail to sick person

Dear Friends,

I have a query, and it is most urgent needed. My client is paralysed from 2 years. He wants a permanent attendent 24 houre. Mean to say, he is not able to do anything. The left part of his body has no sense.

There was a case under sections 120-B, 465, 468,471 read with Sec. 120-B IPC was pending in court.

Now let me know in this situation, the trial court can grant antispatory bail to him, on medical ground? we are not intrested to send him in jail, if anybody have a judgment or citation regarding my query, please send me. i will be very thankful to you for your help. you can call me on my cell no 9478077789.

Thanxx.

smartpal

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7 Replies

Shonee Kapoor (Legal Evangelist - TRIPAKSHA) 03 November 2011

Can Court Grant AB - YES

Would Court grant AB - Depends how you present the case.

Not all sick people are admitted on bail.

Regards,

Shonee Kapoor

harassed.by.498a@gmail.com

A. A. JOSE (LAWYER; LEGAL ADVISER/CONSULTANT& TRAINER) 03 November 2011

Yes, from the facts narrated by you it appears that your client has a reasonably good case to obtain anticipatory bail from the court of competent jurisdiction .

DEFENSE ADVOCATE.-firmaction@g (POWER OF DEFENSE IS IMMENSE ) 03 November 2011

AB is granted by higher courts and not trial court.

Bail is right but what are the facts and circumstances , how it is that such serious sections are attracted.

N.K.Assumi (Advocate) 04 November 2011

As pointed out by JSDN approach the Session Court first.

Shailesh Kr. Shah (Advocate) 04 November 2011

need to go the high court. but before going check ab is applicable in that state.

Democratic Indian (n/a) 05 November 2011

This bail related Supreme Court judgment may be refered https://indiankanoon.org/doc/1108032/

B.N.Rajamohamed (advocate / commissioner of oaths) 01 December 2011

Sir,

Anticipatory bail can be granted only before the chargesheet is laid. It is left to the discretio of the courts . But you say that your client is paralysed. If the case is in the F.I.R stage you can submit the medical report before the court while applying for Anticipatory bail and the court will caertainly consider.