Arvind Singh Chauhan (advocate) 05 December 2010

PlEASE SUGGEST THE SOLUTION

Respected,
Seniors, please guide me how to tackle the situation. One of my client is facing the trial u/s 406,120B,409 IPC due to political rivalry. The case is at the stage for appearance of accused. No summon is served to the accused but bailable warrant has been issued against accused. Mean while the withdrawal permission has been granted by govt. And on next date perhaps A P O shall file application for withdrawal, and disposal of this application will take time.

The problem is due to non bailable offence it is apprehended that if accused appears before court he has to move bail application and due to non bailable offence, bail may be rejected, an unnecessarily he would has to go behind the bar.

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1 Replies

Saurabh..V (Law Consultant) 06 December 2010

@arvind

You are already senior to me so take my advice only as a support suggestion :-)

In my view, if the case is triable by a special judge then you ask your client to appear before that court and take bail. The grounds would be very clear based on your situation that APO shall submit application. I hope you have other relevant documents to convince the court of the matter being already settled.

Also as I see, 120B is a Sessions triable case so a magistrate would not be able to give you bail.

//peace

/Saurabh.V