Query
Jameer
(Querist) 28 November 2011
This query is : Resolved
Greetings sir as we know Kanimozhi and four others, who were on Monday granted bail by the Delhi high court in 2G spectrum case.what is the validity of their bail that means how long they will live outside of the jail.
Also the delhi high court granted the bail while the previous courts including supreme court fails to grant the bail,so why that happend?
Thank you
Advocate. Arunagiri
(Expert) 28 November 2011
The supreme court refused the bail previously holding that bail can not be granted before the charges are framed. Further the SC added that the accused can move the trial court once the charges are framed.
Now the charges framed, bail petition once again presented, got dismissed by the trial court, then allowed by the high court on appeal.
The bail is not having any time limit.
Kiran Kumar
(Expert) 28 November 2011
at present the investigation stands concluded and the charges are framed.
the court must grant a fare opportunity to an accused to defend himself/ herself.
otherwise also the general rule is Bail not Jail.
grant of bail does not mean that the accused have been acquitted or the matter stands concluded.
Bail can be cancelled during the course of trial.
Change in circumstances play important role as far as bail is concerned.
RAJU O.F.,
(Expert) 29 November 2011
High Court was bound to follow the decision of recent Apex Court decision.
M V Gupta
(Expert) 29 November 2011
Well explained by Mr. Kiran Kumar. The general impression that granting of bail implies no case against the accused is not correct.
Sailesh Kumar Shah
(Expert) 02 December 2011
Agree with views of Mr.Arunagiri and Mr. Kiran.