samudranil (officer) 16 June 2012

Bail petition

Relatives aged 73 and 65 are accused under section 408/420/506/34 arrested on 07 june 12. Not able to apply for bail as courts are closed till 25 June. Can they apply for bail from prison. If yes what grounds are to be highlighted and how to proceed. Can the lawyer draft the bail petition for them and hand over to the accused for forwarding to the magistrate?The case relates to proposed marriage of their son. Marraige was cancelled and girls family had accused us of receiving cash and not returning. Antisipatory bail is aplied in case of other accused. Will they have to compulsorily surrender before court after anticipatory bail is granted.

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Adv.R.P.Chugh (Advocate/Legal Consultant (rpchughadvocatesupremecourt@hotmail.com)) 16 June 2012

This is a case of gross denial of Justice.

1. Tell your advocate that there are vacation benches in each and every Court - get the Bail application before them - considering the age of the accused and the circumstances of the case - they WOULD GET BAIL. Rely on latest Supreme Court judgments.

2. for Anticipatory - they need not surrender.

3. Which state is the case registered in ?

samudranil (officer) 17 June 2012

thanks for the advice.The case is filed at Durgapur court in WEST BENGAL.our lawyer has not told about vacation bench he is insisting that the accused should personally apply for the bail from prison itself on 21st june.Is the procedure correct?If so what are the issues we must highlight.So that we can get bail.further the lawyer are on strike at Durgapur court till 25th June.If denied bail on 21st at Durgapur court after how many days can i apply for bail elsewhere?Again can the accused person leave station after getting bail?