RAKHI BUDHIRAJA ADVOCATE (LAWYER AT BUDHIRAJA & ASSOCIATES SUPREME COURT OF INDIA) 09 January 2011

Need Judgement Urgently

Dear LCI Members,

In one of my case the accused had caused 377/506 IPC upon her maid and released on bail.After releasing on bail hecaused 341/34 IPC first, second, 376/342IPC second and with another complainant X and got released on interim bail and again this time after relaesing on interim bail he committed 323/341/34 ipc, and 376/377 ipc & 323/341/34 ipc, all these FIRs were registered where the complainat was same named as X. Now he has applied for bail for the offence U/S 376/377 IPC. Now my request is that whethere there is any judgment through which I can oppose the bail of the accused as he had already misused the bail given by the Hon'ble court. I'm for the complainant. I need more and more judgements against the accused. Tomorrow is the date of hearing of the bail application. Please provide me the judgement as soon as possible and help me in providing justice to that poor girl. Thanks in advance,.

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12 Replies

N.K.Assumi (Advocate) 09 January 2011

Dear Rakhi, you may please go through in details the case of Aslam Babalal Desai Vs State of Maharasthra as reported in 1992-(002)-SCALE-0523-SC. You will find lots of citation of the Apex Court in the case xovering your case.

RAKHI BUDHIRAJA ADVOCATE (LAWYER AT BUDHIRAJA & ASSOCIATES SUPREME COURT OF INDIA) 09 January 2011

Thanx for the prompt reply but I need recent judgement.

RAKHI BUDHIRAJA ADVOCATE (LAWYER AT BUDHIRAJA & ASSOCIATES SUPREME COURT OF INDIA) 12 January 2011

In this case, the accused have got released on bail even after commiting of regular off3ences during the bail period from Session court. Now whether I should move towards the HC for cancellation of bail or what I should do? Pls suggest me as life and image of an innocent girl is in danger.

Democratic Indian (n/a) 12 January 2011

As per facts mentioned, the accused has become an habitual offender and the Life and Liberty under Article 21 of the girl is in danger, State should step in to protect the girl. Since the bail is being misused, there is no reason why the accused should roam free on bail. The judge has every right to cancel the bail. If even after appraising the facts, judge declines, move HC with entire facts. You can also appraise the girl of her rights under Section 100, 101, 102 of IPC which are a corollary to Article 21.

Democratic Indian (n/a) 12 January 2011

Every bail is granted with conditions, surely none of the conditions does include, the condition to commit similar offenses again while on bail. When he has committed those offenses while on bail, he has violated the conditions of bail. The bail should automatically stand canceled. There is valid apprehension if granted bail again, very likely same will be misused to violate the law again. No one should be allowed to abuse the due process of law to commit crimes.

RAKHI BUDHIRAJA ADVOCATE (LAWYER AT BUDHIRAJA & ASSOCIATES SUPREME COURT OF INDIA) 12 January 2011

Thanx for the prompt reply.

RAKHI BUDHIRAJA ADVOCATE (LAWYER AT BUDHIRAJA & ASSOCIATES SUPREME COURT OF INDIA) 12 January 2011

but prosecution is not helping as they have been kept mum by filling huge amount in their mouth.

Democratic Indian (n/a) 12 January 2011

1) https://lawmatters.in/content/victims-can-get-bail-revoked 2) https://www.delhidistrictcourts.nic.in/Apr07/Narender%20Maan%20Vs.%20State.pdf 3) https://indiankanoon.org/doc/351512/

Democratic Indian (n/a) 13 January 2011

https://lawmatters.in/wp-content/uploads/2008/12/judisnicin.pdf IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO. 2087/2008 Arising out of SLP(Crl.) No. 5126 OF 2007 Brij Nandan Jaiswal ....Petitioner Versus Munna @ Munna Jaiswal & Anr. .... Respondents

YOGESHWAR. (ADVOCATE HIGH COURT-criminal /civil -youract@gmail.com) 13 January 2011

Nice work sir by doing so hard work by finding out citations.

I need a citation of Bombay High court given some time in Jan to March 2008 period by the bench of Ranja Desai and Roshan Dalvi in civil writ in respect of Shri Sachin Hundekari related to employment of kin of a freedom fighter.