Dhara (Manager) 31 July 2011

Bail on criminal charges

If person was called by Delhi police for investigation, he appears before them 14 times and makes statement as per his knowledge , subesqently the FIR was lodged u/s 406,420 etc. He was shown as co acused. subesquently after lapse of 14 months police started searching for him and took a arrest warrant. By the time he satys in another state of India. He is faered that if he is arrested by the Delhi police , He will be forced to modify the sttement under custody arrest. Under such circumstances can he apply for bail from present state high court or he need to apply for AB in sessions court in his present state ? Pls offrer expert advice.

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4 Replies

THANKACHAN V P (Advocate & Notary) 31 July 2011

You can file AB petition before the Sessions court or High court as you like.But it cannot be filed befeore the Sessions court or High court you are residing now. It may be filed within the jurisdiction of the courts where the offense was committed.

Dhara (Manager) 01 August 2011

Thank u sir, Some opinions that , No AB will be granted to 406,420 charges , or is it case to case basis.? The said charged person is not the benificiary of the offended fund . further Benficiary is not acused in FIR , howebver his name was figured in the FIR . Kibdly offer your advise.

Saurabh..V (Law Consultant) 01 August 2011

@Author

As you have clearly mentioned that the subject person is co-accused and moreover had been cooperating with the police for investigation. This goes completely in your favor.

Just gather the documents which shows that you have attended the investigations 14times and also that there has been a delay of 14months thereafter. Then you can approach the Sessions Court of the correct jurisdiction. AB is a discretionary benefit which an accused enjoys upon confirmation and support from higher echelons of judiciary like Sessions Court or High Court.

AB is granted on merits of the case and during its hearing the court only sees on the allegations made, its seriousness, gravity, social impact and then the defence arguments. In totality if the judge is convinced that granting liberty to the accused would not hamper the investigation process and neither it woudl have any negative impact on society, the judge shall be obliged to respect Art.21 of Constitution of India.

//peace

/Saurabh..V

Ganesh Shinde (Advocate) 03 August 2011

definitely he can apply for A.B. in state and it is called as( transit bail), and this protection may be extended till decission of his AB application before concerned sessions court.

Other option that he can move to the concerned High court and can file application for quashing of FIR and in which he can pray for interim relief.