Brijesh Sharma (Unix System Admin) 18 March 2012

Anticipatory bail on the base of medical report

Hi,

Need some support on my case, my father has been retired 5 years back and getting pension every month, now 3 month back he received some notice from court for some old investigation which was running which we don’t know on his department for some non legal release of agriculture food ( i don’t have much detail ), charging 3-4 persons.

My father was secretary in Krisi Upaj Mandi. Notice which he was received is for old location prior retirement.

Is the still the any such investigation is applicable after the Retirement? If yes why it is not covered before retirement?

My brother went to High court for anticipatory bail, but it was declined with commenting that the person is looks guilty on the case.

Actually he is not, he got accuse on these on these case due to his negligence on official documenting work.

What should we do?

Currently my father is cardiac patient, and requires major treatment once his health is suitable for such operation. 2 year back he was in hospital for 14 days on ICU and got discharge from hospital with comment that the requires routine treatment and needs improvement on health for further treatment.

We are palnning for further treatment.

Need your support, how can we get out of these, and get anticipatory bail.

Can any one suggest any Criminal Lawyers for these issue.

Thanks

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3 Replies

Adv.R.P.Chugh (Advocate/Legal Consultant (rpchughadvocatesupremecourt@hotmail.com)) 18 March 2012

Dear Mr.Sharma,

As per the changing trend - now bail is the rule and jail is the exception. Anticipatory Bail is granted far more liberally than ever before. The law has started recognising that if there are other effective ways for procuring the attendance of an accused at trial other than arresting and remanding him to custody, they should be adopted, and if there is no danger of abscondence.

In the present case - howsoever grave the accusation - the case seems like a fit one for bail for the following reasons :-

i) Medical Grounds are no doubt highly important ;

ii) No chance of your father absconding in advanced years of his life;\

iii) Prosecution seems quite belated;

iv) Since your father has already retired there is little chance that he can botch up the investigation etc.

You have not mentioned which state the matter is there.

Feel free to talk !