mosin.rasool (Standing Counsel) 12 June 2012
Respected Dignitaries,
I am having bail application under section 379IPC whereby my client is implicated for theft of money but the police report mentions no recovery of money.Nw i want latest judgements wch reveal that when no recovery of alleged theft money is made then bail is to be granted.
Warm Regards
Adv.Mosin.
LAXMINARAYAN - Sr Advocate. ( solve problems in criminal cases. lawproblems@gmail.com) 12 June 2012
Recovery or no recovery once the police investigation is over the accused is entotled to be granted bail.
abhishek (advocate) 12 June 2012
in 379 case the court gen. grants the bail u might need not to have any judgments for this and recovery or no recovery of money doesnt matter because gen. recovery of money is a weak evidence.
sudhakar.RVS (Advocate) 12 June 2012
sir,
If no money has been recovered from the accused and the accused not confessed the charge or confessed under coersion , has got no relevancy ,for not granting the bail. Only incses ,where the accused is charged under sn 302 of crpc and other related sections , the question of granting bail is debatable. Other wise in normal cicumstances, where the chrges are not attracted and implicated severe punishments under CRPC, Bail under normal conditions, be awarded ,against Bond, or suiritiey .
If you kindly let me know history of the case on hand with you, or attach the copies of the documents with you , I will definetly , be able to guide you properly. No doubt , I will be helpful to you.
sudhakar.RVS
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