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Diwakar Bhardwaj   12 October 2017

Regarding Bail

In a case under section 342 and 376. Is possible to get bail from the session court again section 120b if the main culprit is acquitted.


 14 Replies

Pawan S (Advocate)     12 October 2017

No valuable suggestion can be expressed until I recognize the current position of the facts & sheath in details.

Moxit Shah   12 October 2017

yes Session Court can grant bail... further chances of bail also looks good considering main accused is granted bail by court. 

Still grant of bail is the discretion of court. 


Moxit Shah


Diwakar Bhardwaj   12 October 2017

In the case, section 376,342 and 120b Amit sharma (son) is main accused whereas the mother father were involved under section 120b. After trail procedure the main culprit got acquitted in this case. However, his mother and father got interm bail in this case during the trail but unfortunately after interm bail time finished they did not appear in the court. Due to this PO proceeding started against them. When main accused acquitted they surrendered in the court and today they completed 62 days judicial custody and no chalan is given till now by investigation officer. I would like to ask can we apply for the bail of mother and father now in session court and what is the probability of getting the bail ?
what will be the next procedure if they get bail ?

Pawan S (Advocate)     12 October 2017

Bail is nothing but a surety of presence in the court during the proceedings.

Based on this, the court has granted interim bail. But, the accused choose not to confront during the trial/proceedings, that's why the court ordered judicial custody.

Yes, the accuse can pray for the bail before Ld. Court. Looking into the circumstance, Prediction is hard in this case. Try to convince the judge and provide some medical reason (if possible). Also, mention before the court, that the accused is too willing to submit amount to the court as a part of the surety.

Rest,  the grant of bail depends on the discretion of the court.

Siddharth Srivastava (Advocate)     12 October 2017

Yes, it is possible to get bail depending on the merit of the case.

Diwakar Bhardwaj   13 October 2017

Sir the bail got rejected. what should we do next ?
should we apply in the high Court or wait for trial ?

Pawan S (Advocate)     13 October 2017

I was expecting this to some extent.

You have two options.

  1. File an appeal in the high court
  2. The accused can file a fresh bail application on fresh grounds in session court

Since the bail application has been rejected recently, successive application within a short time would not help. The option is High Court..

You have not specified the reason of rejection, find it and remove it or have some ready reply to it when you approach the High Court.

Usually some time is consumed in deciding a bail application in the High Court

Nothing more the accused can do now.

Let us hope the accused will get the bail.

Diwakar Bhardwaj   13 October 2017

Reason for rejection was , both mother and father were PO after the interm bail and surrendered after almost 1 and half year.

Pawan S (Advocate)     13 October 2017

I was also expecting this. Pardon me but, i am not expecting a positive response also from the high court.

Diwakar Bhardwaj   13 October 2017

So what is the best solution for current situation ?

Siddharth Srivastava (Advocate)     13 October 2017

You may file bail in high court. Merit is to be analysed before moving to high court. Consult a lawyer with details.

Siddharth Srivastava (Advocate)     13 October 2017

Proper presentation is required in bail matter along with other tactics. You have nothing to loose. Consult a lawyer.

Pawan S (Advocate)     13 October 2017

No more option available at this point. Try to convience the high court.

Siddharth Srivastava (Advocate)     13 October 2017

Being PO is not a ground of rejection of bail.

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