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A1981 (abc)     23 December 2011

Please clear my doubt

Suppose Mr. X is accused of some nonbailable offence and matter is triable by session court only

 

1. Chargesheet is not filed

 

2. He srenders in court, Pleading for his bail

 

3. His bail application will be rejected by Lower court

 

4. A date will be given say 15 days after, his bail will be heard by session court (Notice to PS for documents and all)

 

5. He will be send to judicial custody

 

6. Later Public Prosecution comes and says, During the investigation he was not found guilty because lack of evidence against him. more simple IO discharges him 

 

Who is responsible for his 15 days pretrail detention ? what is law behind this to prevent such incidents? or I am missing something (Lets assume he has not been given arrest stay or anticipatory bail or he is layman and couldn't afford the costly justice)

 

 



Learning

 7 Replies

N.K.Assumi (Advocate)     23 December 2011

The court does not sit simply to come to a conclusion on the submission of the prosecution or the IO of  the case. Just because the Prosecution does not objects to his bail petition does not mean that the court will grant him  bail or or the IO discvharging him. The Court will scrutunize the evidence and the facts of the case and will decide on merits.After proper inquiry as per the legal procedures if he is acquitted or discharge he can file malicious prosecution against the complainant.

A1981 (abc)     23 December 2011

To the above views - I affraid you haven't understand the issue, You are just expressing the conventional legal talk to defend "Judiciary is great, It is just we people dont understand thetechnicality "

N.K.Assumi (Advocate)     23 December 2011

You want to clear legal doubts or public opinion? Any way, for the time being I will agree with you but for the time being.

jayanthi easwaran (...........)     23 December 2011

dear sirs,

                          my father had made a will during 1989 on plain paper for the rights of the property (purchased from his own savings)., in favour of my brother only. but the will is not probated in the court. may i know whether  i can file a case for the equal right on this property by filing a case against my brother. for ur information my father is no more and hence my brother wants the full right on the property rather than equal share between us. pls guide me on this subject(whether a will not probated in the court is valid or not?)....jayanthi easwaran

A1981 (abc)     23 December 2011

Mrs Please post separate message in right forum. 

Experts please answer the question posted with starting thread 

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     23 December 2011

You can file for defamation and malicious prosecution.

 

 

Regards,

 

Shonee Kapoor

harassed.by.498a@gmail.com

jayanthi easwaran (...........)     24 December 2011

dear sir,

                    i am unable to understand  ur  question. will u pls explain in detail for the doubts raised by me


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