Bail in sessions court
Y. T. R. Rao, Advocate, VIZAG
(Querist) 29 October 2011
This query is : Resolved
SIR! ALLEGED OFFENCES ARE S.395, S.419 & S.420. N 90TH DAY CHARGE FILED. THIRD BAIL APPLICATION FILED AFTER LAPSE OF 100 DAYS. BUT PETITION WAS DISMISSED. NEED GROUNDS FOR FURTHER STEPS. PLEASE ADVISE...
Shonee Kapoor
(Expert) 30 October 2011
It can only be decided on merits.
Chargesheet is filed in time, no ground made for bail in such scenerio except on merits.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
prashant pundhir
(Expert) 30 October 2011
Chargesheet filed on time,so it is not any ground for bail .Either go to the high court for deciding the bail on merit or find some different grounds from the evidence in trial but a long time it will take,so better is high court .
Advocate M.Bhadra
(Expert) 30 October 2011
Since the FIR is concerned, if the accused person in custody and charge sheet filed by the police,then you should file a petition in High court u/sec.439 Cr.P.C. for bail.The granting of bail depends on the nature of complaint,Case Diary,Examination of witness(sec.161 Cr.P.C.), charge filed and discretion of Court.