What are the chances of bail.
vaibhav
(Querist) 04 September 2017
This query is : Resolved
In posco cases with 354 CPC, if accused is ready for compromise and ready to give affidavit stating no such incidence happened. What are the chances of getting bail after filing chargesheet on the basis of affidavit in high court.
Ms.Usha Kapoor
(Expert) 05 September 2017
There cannot be a compromise in serious POSCO cases and grating bail says Supreme court even with the consent of the rape victim whom the accused might have pressurized the victim to enter into compromise and no question of granting bail in serious POSCO cases.Bail cannot be asked as of right. It is at the discretion of the court by taking various factors such as age of the Victim.age of the accused, his pressure on the victim etc. into account. Granting of Bail depends on discretion of the court by taking into account her age, the accused persons age , his background etc.
Bombay High Court: Delivering its judgement regarding the grant of bail to an accused alleged of committing the crime of trafficking, who acted in accordance which Section 34 IPC leading to the commission of grave offences like penetrative sexual assault and harassment under the POCSO Act, the Bench of Sadhana S. Jadhav, J. held that in these circumstances the accused does not deserve to be released on bail.
The case involved an applicant who was alleged to be an agent for trafficking a minor girl for certain amount under the garb of marriage to another man with whom the minor also gave birth to two children. She was
On analysing the facts and circumstances of the case, keeping in view the commission of trafficking and other non-bailable and cognizable offences under the POCSO Act for which the punishment may extend to imprisonment for life, this Court rejected the application and held that in such circumstances, bail cannot be granted. [Lonkaran Chothmalji Parmar v. State of Maharashtra, 2016 SCC OnLine Bom 9851, 28.11.2016]
sexually abused and wasn’t given the status of a wife. She was later abandoned by the man. The applicant in this case sought to be granted bail.
Also refer the following link f0r further information on this issue of bail and compromise in Serious offences of POSCO Act.
http://lawfarm.in/question/charges-under-posco-act
Sudhir Kumar, Advocate
(Expert) 05 September 2017
Agreeing with the above views I would add that the query is basically astrological not legal
Rajendra K Goyal
(Expert) 05 September 2017
Academic query.
State material facts of the problem if any.
How are you concerned / related with the query?
Looks like examination question.
P. Venu
(Expert) 05 September 2017
Had the accused lodged a false FIR?
vaibhav
(Querist) 05 September 2017
Yes..venu sir....they filed false FIR. Now they are ready for compromise. Already bail got rejected from session court. How to proceed further please suggest.
Dr J C Vashista
(Expert) 06 September 2017
How are you concerned with this question paper?
vaibhav
(Querist) 06 September 2017
sir, this case happened with my father. Inam asking suggestion. How should i move my next step.
vaibhav
(Querist) 06 September 2017
sir, this case happened with my father. Inam asking suggestion. How should i move my next step.
