chances of bail from session court
Querist :
Anonymous
(Querist) 12 April 2011
This query is : Resolved
my brother is charged with forgery case related to fake document which he didnt made for a passport , he gave money to make passport to agent , the agent made some fake document and submited , at the time of police enquiry my brother came to know the document was fake and police registerd case against him, in sec 420.419.467, now he is arrested and in judiciol custody from last 10 days , we had convinced police and they made statement as we want, even in panchnama they didnt find anything like that report they made, our bail was not accepted in magistrate court as they were not empowered to give bail, i need your advise on this situation , my brother will get bail from session court in first hearing ? what are the chances.
one more point the agent who is also accused is dead. and his dead certificate is submited to police
my lawyer said he 100% sure of getting bail from session court in first hearing.
the public procecutor is also in our side,
Advocate. Arunagiri
(Expert) 12 April 2011
It is purely the discretion of the court depending upon the facts.
Naresh Kudal
(Expert) 13 April 2011
I do agree with Mr. Arunagiri.
Vijayan Balakrishnan
(Expert) 13 April 2011
It seems that the accused has been taken for a ride by the passport agent.
If the judge is satisfied about the mitigating circumstances like his clean criminal history, the accountability of the passport-agent, etc, he might grant bail in the first hearing itself. Hence your advocate is confident of bail.
In the meantime, try to collect the criminal history of the Passport agent which might help your brother to prove his innocence and the culpability of your passport agent.
