Bail rejection for accused when co-accused already granted bail charged with same sections of ipc
rahul
(Querist) 18 May 2014
This query is : Resolved
madam/sir,
my relative is denied of bail from Session court. actually he comes under BPL category and not in a position to afford a senior advocate. whereas, the co-accused has been granted bail from High court. both charged u/s 307, 120(b)etc. charge sheet already submitted and he is in j/c from more than 120 days. the I/O prayed for custodial trial for both of the accused. does right to fair trial, liberty and principles of parity are being impaired in this case? please suggest what can be the options available before his family?
Devajyoti Barman
(Expert) 18 May 2014
ASK YOUR RELATIVE TO PRAY FOR BAIL FROM HIGH COURT IF SESSIONS COURT AGAIN REFUSE THE BAIL.
Custodial trial is allowed only in grave offence and I have no idea about the merit of the case,
Lawyer SALEEMA KABEER
(Expert) 18 May 2014
Since the co accused has been granted bail by the High Court and since your relative is under Judicial custody for more than 120 days for a case wherein charge sheet was also filed, your relative can get the bail on the above grounds itself either by presenting bail application again before the concerned Sessions Court or before the High Court.
If your relative is not in a position to afford private advocate, he can send requisition to the Court concerned through Jail authority to appoint free legal aid counsel for him.
rahul
(Querist) 18 May 2014
Dear madam & sir,
thank you so much for your kind response. I have some additional queries viz. whether application for free legal aid service can be made to pray bail from High court in case rejection from session court? If in High court also denies bail, then what are the options left?
Lawyer SALEEMA KABEER
(Expert) 18 May 2014
It is open to your relative even to approach the Supreme Court and the free legal aid assistance is available in all level including High Court and Supreme Court.
I hope that in a given circumstances, normally, there is a good chance to get bail even from the Sessions Court, on application, considering the change of circumstances as already opined by me.
rahul
(Querist) 18 May 2014
Dear Barman sir,
as per charge sheet,in my relative case he was forcefully been intoxicated by the co-accused to attack his own wife (co-accused's wife) and my relative was asked to call her from house and after then she was physically assaulted. there are witnesses for forceful intoxication and cell phone call records. but unfortunately the victim was convinced by her in laws to submit affidavit that her husband is innocent. however, 60 % of witnesses has given statements that, she was being tortured by her husband regularly because of family issues etc recorded u/s 164 before the magistrate.
Rajendra K Goyal
(Expert) 18 May 2014
Your relative should try for free legal aid. There are good grounds for bail from High court.
Raj Kumar Makkad
(Expert) 18 May 2014
I have also similar opinion as exresse by experts.
rahul
(Querist) 19 May 2014
thank you all sirs and madams. please kindly advise me on detail procedure on how to proceed for availing free legal aid from High Court for bail petition. plz plz help me out.
Advocate. Arunagiri
(Expert) 19 May 2014
The Jail superintendent will help you in providing you the free legal aid. Contact him.
