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sweta singh (n/a)     22 January 2010

whether bail will b granted???

 the person a is a dealer in car in "X" place.....he also gets car 4m other car dealer co. of place "Y" where this latter co. has done fraud & ran away. a victim of this latter co. files complaint and this person of "X" place gets caught by the police of place "Y" by some or the other way , but he is innocent.The FIR filed by police in CMM court doesnt hav this persons name but the name of the owner of the fraud co. 3 dates hav passed but this innocent person is still in JC and before this he was in PC & the CMM is not listening 2 any plea as there any way 2 get bail or any judgement???


 5 Replies

sandeep jindal (ADVOCATE)     22 January 2010

bail is entirely matter of discretion of court..

but the principle generally followed is that  bail should be granted when there is nothing against the applicant moving the bail.. courts generally calls report from the I.o. of case and after considering prosecution version decide the bail application on the same date......

N.K.Assumi (Advocate)     22 January 2010

As pointed out by Jindal, bail is a matter of discreation of the Court, but I must admit that this discretion is often misused in most of the bail applications. Some courts even look into police diary and refused bail as if police diary is an evidence and a gospel truth, court should look into police case diary but it must apply its mind judiciously to the facts of the case and without being influence by the police opinions, as pointed out by Cordozo, Judges are free but not totally free and their discreation must be sound discreation. In some instances the Judges  refused even to hear the bail petition on the grounfds that police wants the accused for interogations and this is despite the facts that the Suprem Court had ruled that simply because the accused is required for interogations or for search and recovery can not be a ground to refused bail to the accused as this can be done without the accused been taken into custody. I am of the view that if there is no chance of jumping the bail by the accused and the surety are reliable persons bail should be granted.

sunil pagare (lawyer)     22 January 2010

Yes it is a matter of discreation of the court.Now a days court not  dare to use their discreationery power in bail matter .If the offence is exclusively trial by court of session or the punishment is more than 7yrs.or life, the court  held that offence is triable by court of session or the punishment is for life,hence bail application is rejected. So friend its depend  upon the court.

N.K.Assumi (Advocate)     22 January 2010

Is Court converting themselves as subordinate to the police investigating machinery? It appears as if the Court is becoming the mouth piece of the police and losing its independence.

A Truthseeker ( A retired Indian citizen)     14 February 2010

probably my ld. friends are not well versed with the manner in which a magistrate deals a bail application. generally bail is granted on perusal of the CD of which the 161 statements are most vital . though the bail is a mattet of discretion the magistrate is bound by the papers in the CD and at the time of bail there is no scope of weighking of evidence what is assessed is a prima facie case. though every one knows that 'bail is a rule refusal is an exception ' very few judges follow this principle as it often invites wrath of higher courts.

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