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Narayana Swamy (security)     30 January 2015

Does an accused get bail in IPC 153A without getting remanded?

Sir,

 

 We filed private complaint against 4 accused persons committed offence on worship place,The court has taken offence as cognizence under IPC 153A and during arguments stage the Judge asked the complainant  if there is any additional evidence,so we submitted additional documents in the court and the Judge gave another date for  final arguments.Now we have few questions.please clarify.

 

            1. If the charges are framed, Does the accused have any chance to get bail without getting remanded  in 153A?

 

            2. If the Judge grant bail for the accused,Can we resist ?since the all the accused are criminals again attacked the worship place second time  when the case is running in the court and the  complaint also lodged in the police station?

 

                          Please give your valuable advice.

 

Thanks,

Narayana Swamy



Learning

 8 Replies

T. Kalaiselvan, Advocate (Advocate)     02 February 2015

It is no doubt non-bailable offence but it depends on the discretion of the judge to let the accused on bail.

There is no bar to grant AB, however you can file an intervene petition and record your objections for granting AB to accused.

1 Like

Narayana Swamy (security)     02 February 2015

Sir,

  Thanks for your clarification. What is AB? Is it Accused on Bail ? when we have to file Intervene petition?Is there any seperate format for filing intervene petition?Please clarify.

Thanks

Narayana Swamy

T. Kalaiselvan, Advocate (Advocate)     02 February 2015

AB means, anticipatory bail.  If the accused is seeking anticipatory bail by moving an application before the court, during the date of hearing you may either in person or through your advocate move an intervene petition recording your strong objections and protesting grant of anticipatory bail.  There is no format for this, a normal application in the format used before the court with the contents having ingredients of the nature of case, and the reasons for objections will take care of the issue.

1 Like

Narayana Swamy (security)     02 February 2015

Sir, Last month arguments heard in part and the judge asked us if there is any more evidence and we submitted some documents and the Judge gave next date 2/2/2015 for further arguments and the accused were absent on 2/2/2015 and 317 petition filed and allowed and the judge gave another date 12/2/2015.

Now is this next date 12/2/2015 be the final hearing ?Can we move an intervene petition on 12/2/2015 as soon as the judge gives judgement?

Thanks,

Narayana Swamy

T. Kalaiselvan, Advocate (Advocate)     02 February 2015

First of all read your question properly because the information you have posted in the last post is contradicting to the information of the first post.

I had given my opinion to bail related issue, whereas you are now asking query about the trial proceedings (?), so please specify the status of the case, whether the trial is going on  or whether the case is at the preliminary stage itself and what is your exact query.

Think properly before asking a query

Narayana Swamy (security)     03 February 2015

Sir, Now the trial is going on and not in the preliminary stage.

 

Thanks,

Narayana Swamy

T. Kalaiselvan, Advocate (Advocate)     03 February 2015

In the trial stage where is the question of grant of bail to the accused.  They would have been on bail already before commencement of trial and it will continue till the case is disposed.   However,if the accused is convicted in the judgement then you can move intervene petition objecting to their bail application/application to suspend sentence pending appeal. You are still not clear in your query about what you want to ask, be specific  and understand the question before posting it  here.

Vasanth MS (General)     02 September 2015

Sorry, wrongly posted here.

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