Prevention of corruption act
Utkarsh Srivastava
(Querist) 30 October 2017
This query is : Resolved
We got the conviction from the lower court and we have applied till the third bail application in the high court they are also rejected, then we applied the special petition leave in the supreme court it was also not admitted.
So what we should do now to get the bail?
Convicted person is in the custody from 1 yr and 6 months, and appeal is on the final hearing on 20th november.
Sentenced u/s 7 and 13(2) and 13(1)d of pc act 1988.
Ms.Usha Kapoor
(Expert) 31 October 2017
Similarly, in the case of V. Kasi v. State of T.N., 2003 Cri LJ 3592 (Mad), Madras High Court held that when S. 7 of the PC Act of 1988 bars the demand and S. 13 of the said Act prohibits obtaining of pecuniary advantage, both are distinct offences. In such a case, though the same set of facts constitute distinct offences, there cannot be a bar to try or convict and punish the offender for both the offences. It was also held that a plain reading of S. 26 of the General Clauses Act shows that there is no bar to the trial or conviction of the offender under both enactments but there is only a bar to the punishment of the offender twice for the same offence. In other words, when demand of bribe and prohibition to accept the bribe are considered as two distinct offences under the Act, the offender may be prosecuted and punished for both the offences even on the same set of facts and the same is not barred in law, because what was barred under Section 26 of the General Clauses Act is punishing the accused twice for the same offence. It was held that since the demand and acceptance of bribe constitute two different offences, the prosecution of the accused for the said offences for independent charges and convicting and punishing him for both the offences independently cannot be questioned as double jeopardy.
When the appeal comes for final hearing the Supreme court may grant regular bail to you.You may even be acquitted of the offences charged against you..
Sudhir Kumar, Advocate
(Expert) 31 October 2017
The person is convicted.
He has not yet appealed to Supreme Court but just trying to get out of Jail during pendancy of case in High Court.
He has tried level best and gone right upto Supreme Court to get bail but failed. At present he is just wanting views as to how the convicted can be out of Jail.
Given facts indicate that this is now a dead end. He can hope to be out of jail if acquitted in High Court or if sentence is completed.
Rajendra K Goyal
(Expert) 31 October 2017
Agree with the advice from expert Sudhir Kumar.
Utkarsh Srivastava
(Querist) 06 November 2017
Thank you, Sudhir sir and Usha mam for your kind reply.
I would also like to ask you that what is the chances of getting acquitted from the high court of Uttarakhand, according to the present and the past case study.
My second question is that if the sentenced remain same in the high court too, can we not file the appeal in the supreme court?
Rajendra K Goyal
(Expert) 06 November 2017
No forecast possible for decision from court.
Appeal to Supreme Court can be filed against the decision of the High Courts.
Sudhir Kumar, Advocate
(Expert) 06 November 2017
you have assumed it to be an astrological forum.
You want to know the chances of acquittal from a forum which has not ready the judgement.
