LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

vinod (partner)     01 December 2011

Pls guide


brief history:

main accused arrested on charges of fraud and FIR filed under sec 420, 467,468,471,120B. co-accused who is his brother absconding despite orders of high court to surrender in 4 weeks(this order was issues in FEB 2011 and still not complied). false addresses used to cheat a company of 4.5cr. all those addresses verified false by the local police...proper statements of residents denying that the accused lives there in the case diary.The main address used by the accused does not even exists.all verifications on record in case diary


bail of the coaccused(main accuseds brother)'rejected by trial and high court both.


after filing of the charge sheet the accused applied for bail in trial cort and got rejected.they appealed in high court but later withdrew as the opposition from prosecution was strong.


\Now charges in all the above mentioned sections framed and trial started.



After the charges are framed the accused has again applied for bail in high court but is misleading the court by not mentioning in his application that charges have been framed against him. Instead they are quoting the last application (which they withdrew) and again pleading that they have not committed any crime.

The co-accused still absconding...(against orders of the same high court to surrender)



Is the accused in right to apply for bail when charges framed?should they be not going for a writ against the framing of charges?


Will the application get rejected if the court comes to know that they have not informed abt the charges being famed? Is this the correct way to apply for bail and what can be the consequences for the accused?

further if the accused and the complainant claim that they have entered a compromise will this facilitate bail even if the charges are non compoundable...pls clarify on this point also.also in such a scenario how can the prosecution oppose bail??

What could be the best way to get conviction?


 3 Replies

B.N.Rajamohamed (advocate / commissioner of oaths)     01 December 2011


Bail is the rule and jail is an exception. An accused can move for bail even after the charges are framed. As you say that he has coceled the true facts while applying for the bail,better you intervene and bring to the notice of the court of the real facts.

When there is a proof of compromise between the parties the court may grant bail. 

B.N.Rajamohamed (advocate / commissioner of oaths)     01 December 2011


Just have a vigil on the movements of the alleged accused . If he moves bail again you file a intervening application as the defacto complainant. 

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     01 December 2011

Yes, agreement would ensure bail.


Rest it is a matter of fact only, whether the bail can be granted or denied.





Shonee Kapoor

Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register  

Related Threads


Popular Discussion

view more »

Post a Suggestion for LCI Team
Post a Legal Query