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aks57 (AVP ( Materials ))     27 November 2010

bail

Is bail in judicial process right of the individual or discretion of Judiciary



Learning

 8 Replies


(Guest)

iN CASE OF BAILABLE OFFENCE IT IS  A RIGHT.  iN CAS OF NON BAILABLE OFFENCE IT IS THE DISCRETION OF THE JUNDGE

Dineshwar Singh Kaushik (Advocate)     28 November 2010

Bail is right of a person .Where in bailable offence bail is mandatory right but in non-bailable offence it is discretion of Judge. 

DEEPAK ASSOCIATES (08010117611)     28 November 2010

Judges are God in case of Non-bailable offense as they use their discretion instead of Judicial discretion.

You can see in a non-bailable offense a judge relative or client of known advocate to the judges who are direct accused in crores of rupees can get the bail in 3 days while some who are falsely implicate and there is no evidence on file they keep in custody only to show them as God.

It is lack in our judicial system

aks57 (AVP ( Materials ))     02 December 2010

Dear  Mr. Deepak Kapoor

Thank u so much for the reply.

My brother has been booked under section 406 and 420 for cheating an individual to the tune of 1,350,000 as per police investigation that was done for sixth time. For earlier five police enquiries he was declared innocent. We applied for bail with sessions court whaich has been rejected due to amount being too much.

What are the alternatives before us,

1 Apply for bail in high court

2 For how many days police is authorised for detention under 406 and 420 without conviction.

 

Regds,

 

A.K.Sharma

aks57 (AVP ( Materials ))     02 December 2010

Dear  Mr. Deepak Kapoor

Thank u so much for the reply.

My brother has been booked under section 406 and 420 for cheating an individual to the tune of 1,350,000 as per police investigation that was done for sixth time. For earlier five police enquiries he was declared innocent. We applied for bail with sessions court whaich has been rejected due to amount being too much.

What are the alternatives before us,

1 Apply for bail in high court

2 For how many days police is authorised for detention under 406 and 420 without conviction.

 

Regds,

 

A.K.Sharma


 

aks57 (AVP ( Materials ))     02 December 2010

 

Dear Mr. Menon

Thank u so much for the reply.

My brother has been booked under section 406 and 420 for cheating an individual to the tune of 1,350,000 as per police investigation that was done for sixth time. For earlier five police enquiries he was declared innocent. We applied for bail with sessions court whaich has been rejected due to amount being too much.

What are the alternatives before us,

1 Apply for bail in high court

2 For how many days police is authorised for detention under 406 and 420 without conviction.

 

Regds,

 

A.K.Sharma

DEEPAK ASSOCIATES (08010117611)     02 December 2010

Boss No body can do any thing till this corrupt systems exist. From Top to Bottom, the corruption can be seen. You have right to move bail as aksed for by your advocate or find some lawyer who are known to judges

Saurabh..V (Law Consultant)     02 December 2010

@aks57

 

Is this a bail during pendency of trial or is the investigation itself is going on?

 

In case it is under pendency of trial, you have the right to move High Court however you should try to get a good judge who can allow your bail seeing that the investigation wihch was done 5 times by the same police by different persons, got your brother innocent. Also you should show that your has been framed due to some ulterior motive.

 

In case it is under investigation only and over 3 months have passed and charge-sheet has not yet been filed, this in itself makes a ground for bail. It shall again be highly requried that without wasing time you file an application in High Court.

 

NOTE: Pls consult your advocate before you act on the above suggestion. Its only a suggestion and not a formal advice.

 

//peace

/Saurabh


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