bail application
PRAKASHCHANDRA MARU
(Querist) 27 August 2009
This query is : Resolved
hello all learned experts
a lady suicide after the 11 years mairrage life during the period of 11 years no any dispute between the wife and husband after the death of lady fir was lodged against husband and father in law and alleged that the lady died due to adultry of her husband with another person but fact is not detacted by me but the relative of accused gave some medical papers of doctor regarding the ill mental health and the method of suicide is jumped into the wall by her self pls guide me that is the best defence with the documentary evidence in the bail application or not and pls provide the judgement for the release on the bail such type of offences
Guest
(Expert) 27 August 2009
refer 2002 CRI. L. J. 2796 "Sanju v. State of Madhya Pradesh"
SUPREME COURT
Kiran Kumar
(Expert) 28 August 2009
Parkash Ji, in criminal litigation it is adviced that never take ur defence in bail applications.
the marital period of 11 years without any substantial dispute is enough to be pleaded for bail application.
u can present the medical record, but it shall not be so presented that it gives the prosecution opportunity to demolish it during trial.
rest read the judgment as suggested by Mr. Lokhandwala, use it if u find relevant.
Sarvesh Kumar Sharma Advocate
(Expert) 28 August 2009
Hello Prakesh ji,
how r u!
o.k. regarding yr matter u/s-306 ipc if ur point is perfect dn u can take plea of dt evidence.
bail is d matter of dictionery of d court.
magistrate is not bounded with case case law.
sir if possible dn to day evening i send u allahabad h.c. judgement.
have a good day.
K.C.Suresh
(Expert) 28 August 2009
Dear Prakash, Don't give your defence in the earliest oppurtunity. Wait. For the bail you need not disclose the defence. For bail very few legal stands are sufficient.
Adinath@Avinash Patil
(Expert) 28 August 2009
Dear Prakash,
It is settled that in bail application one can't disclose his defence,you should apply for bail application such ground wich are neccesary for release on bail.eg.accused suffering from illness he need treatment etc.
PALNITKAR V.V.
(Expert) 28 August 2009
if you open your defence in the bail application, that may be troublesome during the trial. It is always better to keep silent unless and until the prosecution leads a prima facie evidence about the offence. Till then, as advised by other learned experts, you should take the legal and other pleas that would help in securing bail.
PARTHA P BORBORA
(Expert) 28 August 2009
it is not necessary to disclose ur defence praying 4 bail. in bail matters u have to prove that the accused shall not hamper the investigation, temper the evidence, shall not flee away and shall face trial if the is charg sheeted. its simple.
Ravi Arora
(Expert) 28 August 2009
do agree with mr. kiran and adinath ji
