406,419,420,467,471,120b ipc
prashant
(Querist) 04 March 2012
This query is : Resolved
please tell me.. what can be the grounds for taking bail in the session courts when the bail has been rejected in trial court on the ground of serious nature of crime.I.O. says no recovery,no involvement in case other than impersonation still CJM rejected bail application.
Nadeem Qureshi
(Expert) 04 March 2012
Dear Prashant
there is many SC Judgement in this regard, I am 100% sure about granting the bail through these judgement, court can not refuse to grant bail.
feel free to call
PARTHA P BORBORA
(Expert) 04 March 2012
file an application before the session judge under section 439 Cr. P.C. The session judge has the power to allow the bail.
Ghanshyam Prasad
(Expert) 04 March 2012
Sec419 cr.p.c. is bailable,therefore,in view of police Report, you are entitled to get bail.
PARTHA P BORBORA
(Expert) 04 March 2012
i think u know the Grounds ! no recovery, false case etc . Each nd every case is different, so without knowing the complete facts it not possible to provide any specific advice.
Adv.R.P.Chugh
(Expert) 04 March 2012
Though there are no guarantees in law - still the attitude of the courts has swung back to bail and not jail. Because the courts have lately started distinguishing between pre-conviction detention and post-conviction detention, though the public at large fails to, and this is what the court's understand.
If the IO is not pressing for custody, then there is no reason to deny bail in a case of cheating.
Court of Sessions may help you with that.
Shonee Kapoor
(Expert) 04 March 2012
I agree with experts, that bail is mostly granted after the chargesheet is presented even in henious crimes.
The grounds for bail are same:
1. Investigation is complete
2. No threat of tampering with evidence
3. Bona-fide citizen wants to attend process of law.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
Raj Kumar Makkad
(Expert) 04 March 2012
File the application before sessions judge on the same grounds which you mentioned from the reply of IO. Generally bail is granted in such type of cases.
ESTHERPRIYA
(Expert) 05 March 2012
Move to appeal before high court you can easily get the bail order.
prashant
(Querist) 13 March 2012
thanks sirs I admire your true feelings to help others.I will argue the case day after tomm. I hope to bring relief to my client.
my best regards to you all...
