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Babul Pegu   26 March 2020

Bail Matter

Dear Sir/ Medam, One of my friend involved u/s 376 ipc. The police filed charesheet against accused stating absconding. Many times serve summon to the accused, but the accused have not received till. Now the case is appearance stage. If the accused appear before the court on date fixed, will he get bail? Previously, u/s
438 Cr.p.c bail petition for accused had filed and same was rejected. Plz advise me.


Learning

 9 Replies

G.L.N. Prasad (Retired employee.)     27 March 2020

It all depends on the seriousness of the case, arguments of both the parties and generally, the absconding of the accused is not taken kindly by any Judge.

1 Like

Joy Bose   27 March 2020

Hello,

The offense under section 376 IPC is very serious in nature however if the accused proves the facts which are in favor of him then he will get the bail easily by the Court. The person may be sent to custody if the judge does not find the arguments satisfactory.

Regards,
Joy Bose

Babul Pegu   27 March 2020

victim side and accused have already been compromised out side of the court, the complaint have no any objection, if the court allow the accused go on bail, in this regards, both the parties have executed a deed of compromise by the notary public, is the deed of compromise help the accused go on bail?

G.L.N. Prasad (Retired employee.)     27 March 2020

Who is the complainant in criminal cases filed by Police ?

The State through it's investigating police officials.  You have to trust your advocate, who could do all this so far with a strategy, as in India everything is saleable. 

Ultimately it is your advocate that can make such things happen.

T. Kalaiselvan, Advocate (Advocate)     27 March 2020

If the previous bail application filed before the sessions court was dismissed then he can now apply for anticipatory bail before high court.

He has chances to get enlarged on bail by high court.

The charges, whether serious or not can be decided by trial court after completion of trial proceedings, hence there is nothing to be worried about it so soon, let your advocate prepare strong platform for presenting his strong arguments to get you enlarged on bail, before high court.

Dr J C Vashista (Advocate)     28 March 2020

The facts posted lack clarity.

The accused is stated to be "absconding" and expecting "anticipatory bail" in a case registered u/s 376 IPC, answer is simple and straight "OUT OF QUESTION" or "NO CHANCE"

How the charge-sheet can be filed when the accused is stated to be "absconding"?

What is your concern / locus standi ?

 

Dr J C Vashista (Advocate)     28 March 2020

It is advisable to consult a local prudent lawyer for better appreciation of facts/ documents, professional guidance and necessary proceeeding if there is some truth in the story, which is prima facie fabricated and concocted..

P. Venu (Advocate)     28 March 2020

Yes, the facts posted are less than convincing.

T. Kalaiselvan, Advocate (Advocate)     28 March 2020

Whatever the case may be, nothing can be done now  at least not till 15th April.

If the courts reopen after 15th April then he may file an application for  AB before high court. 


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