Guest
(Querist) 12 November 2011
This query is : Resolved
to all the respected members of LCI i want any citation of the anticipatory bail for 420/467/468/471 IPc the case is for Kabootarbaji. i require the citation please if any Provide me thanks
prabhakar singh
(Expert) 12 November 2011
Sorry Dear Bishnoi! i always lack knowledge when criminal procedural law is involved and an advocate like you is in problem.
i realize i always failed to serve you;though i am always duty bound to do so.
Shonee Kapoor
(Expert) 13 November 2011
Bail is matter of discretion and depends on the facts of the case.
Regards,
Shonee Kapoor harassed.by.498a@gmail.com
Sailesh Kumar Shah
(Expert) 13 November 2011
number of times in similar type of query in this forum, answer is always that Bail is matter of discretion and depends on the facts of the case.
ajay sethi
(Expert) 13 November 2011
yes bail is matter of discretion and depends upon facts of the case
prabhakar singh
(Expert) 13 November 2011
NOW i can say some thing have got in words of supreme court same reproduced here"The society has a vital interest in grant or refusal of bail because every criminal offence is the offence against the State. The order granting or refusing bail must reflect perfect balance between the conflicting interests, namely, sanctity of individual liberty and the interest of the society. The law of bails dovetails two conflicting interests namely, on the one hand, the requirements of shielding the society from the hazards of those committing crimes and potentiality of repeating the same crime while on bail and on the other hand absolute adherence of the fundamental principle of criminal jurisprudence regarding presumption of innocence of an accused until he is found guilty and the sanctity of individual liberty."
CRIMINAL APPEAL NO. 2271 2010. (Arising out of SLP (Crl.) No.7615 of 2009) Siddharam Satlingappa Mhetre .....Appellant Versus
State of Maharashtra and Others .....Respondents JUDGMENT
Guest
(Querist) 15 November 2011
Thanks to all the experts
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