evidence urgent
kumar sachin
(Querist) 20 June 2008
This query is : Resolved
admission of an accused in bail petition or in petition for discharge, whether can be used as evidence by the prosecution against the accused. if specially when the accused is in custody at the time of filing of both the petitions and there is no direct communication between the accused and his lawyer. OR
a petition drafted by lawyer making certain statement in the bail petition or in the petition of discharge, without instructino from the client, whether can be used agsinst the accused by the prosecution.
****PLEASE ALSO SUGGEST ANY RULING IN SUPPORT OF YOUR OPINION IN THIS REGARD*****
deepak kumar
(Expert) 20 June 2008
submission at the time of bail is considered as the first opportunity of the defence to explain it's case.Discharge is also one of the main opportunity to the defence to take it,s plea.
you have not stated whether the bail petition was supported with affedavit.whether any documents were annexed in the bail petition/ discharge petition that you consider prejudicial to your defence?
the bail petition and the discharge petition can be used against you.
during the trial you will have to take your new defence and it will now start from the trend of the cross-examination.
when the stage of defence comes you will have to lead evidence that the submissions of the lawyer was without instructions from you
deepak kumar
(Expert) 20 June 2008
kindly state whether the petitions were on affedavit.
Srinivas.B.S.S.T
(Expert) 20 June 2008
if an afidavit also filed along with the bail petition then the prosecution can take advantage of that. Do bear in mind that unless until the accused discloses any thing by way of an affidavit that cannot be used againt him
Kiran Kumar
(Expert) 22 June 2008
every ground taken in such applications is considered to be a defence taken by the accused.......how the basic principles of criminal law are observed prior to conviction......but u can not skip the admissions made in such applications.
kumar sachin
(Querist) 23 June 2008
no sir, the petitions were not supported with affidavit
