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Vikas (employedd)     17 September 2015

Bail in pcso act

One person accused in POCSO section 4 and 7.  However, everyone found him no guilty but laws are law. please suggest following.

- How is chance for getting bail ? what strong ground should be put to get atleast bail ?

- Can the compromise be done at first trial of court ?

 

 



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 8 Replies

adv.raghavan (Advocate,9444674980)     17 September 2015

POSCO exclusively triable by court of sessions or special court, magistrate cannot grant bail and it is better to try for bail under 439 crpc, all offences under POSCO is non compoundable,section 7 of the said act was imposed , so onus is on the accused to prove  that he is not guilty

1 Like

advocatepassy@gmail.com 971794 (Advocate)     17 September 2015

Ditto Adv Raghvan jee

N.K.Assumi (Advocate)     18 September 2015

Session court or Session Cout acting as Children's Court or other special court. Offence as specify by you are non bailable but dicreation of the court can be exrcise.

Vikas (employedd)     19 September 2015

thank you all friends. 

Vikas (employedd)     19 September 2015

Dear Raghvanji & Assumi Ji

As this is non-compundable offence !!!!! quashing is possible ? If we can convince complainant to compromise and remove mis understanding between both the parties.......

is scop of compromise / quashing / etc is open ? if yes ? can it be done at sessons court / special court ? or any upper court ?

raju (owner)     21 June 2016

sir, I work with senior adv. and we have posco case. and  I confused about bail? anyone help me 

Pawan S (Advocate)     21 June 2016

Compromise / quashing is not open for these kind of cases.

Better to face trial and ask witnesses to become hostile as a part of out of court settlement.

 

                                                                                             

adv.raghavan (Advocate,9444674980)     22 June 2016

Mr.Raju, inform us about sections imposed.


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