vaibhav 04 September 2017

What arr the chances of bail?

In posco cases with 354 CPC, if accused is ready for compromise and he is offering affidavit stating no incidence happened, what is chance of getting bail on affidavit basis after filing of chargesheet in high court.

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3 Replies

Siddharth Srivastava (Advocate) 05 September 2017

No compromise is valid in such criminal case. Affidavit of child has no value in the eyes of law. If required consult with details. Sidharth 9811786422

Raveena Kataria (Advocate ) 05 September 2017

Hi, if you mean section 354 of the Indian Penal Code, it's been named as a non-baliable and a non-compoundable offence (post-2009 amendment), and so whether or not bail would be granted to the accused depends strictly upon the court's discretion.

If there is a compromise between the two parties, however, then the accused can approach the high court u/s 482 CrPC for the quashing of charges based on such a compromise. Quashing of course depends upon the HC's discretion. Best get in touch with a local advocate for smoothly getting through the proceedings.