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Jaya (PA)     11 August 2011

439

Sir,

My husband is behind the bars for about 8 months in a land case. He has been rejected bail by april, 2009 in the high court of mumbai. Now does he have any chances of getting the bail passed in the mumbai HC for the second time? Pls reply. its very urgent.

 

Mrs. Lakshmi



Learning

 10 Replies

adv. rajeev ( rajoo ) (practicing advocate)     11 August 2011

If chargesheet is filed then tyou can try for another bail application in the lower court.

Jaya (PA)     11 August 2011

It has been rejected once in the lower court too. Now one of the co-accused of his has been applied for bail under a Judge. But the PP has argued that the bail application should be dealt with the same judge who rejected the earlier one. Will he now pass the order which he has earlier rejected?

Saurabh..V (Law Consultant)     11 August 2011

@Author

 

Every case has its own peculiar facts. There are various judgements based on philosophy of "Bail, not jail" byt Supreme Court of India. There could be a chance of survival based on these judgments. Else it might be very difficult as High Court of Bombay has rejected the petition already.

 

When a lower court rejects bail, it's norma;. But when High Court rejects, the situation becomes grave. Try to file the petition before a judge who is inclined to give bail and who is neutral in his approach.

 

One more thing is to be kept in mind that if the offence committed is grave, courts would deal with such case strictly. That's the duty of the court and there is no way out unless you could show an exceptional scenario for relief.

 

//peace

/Saurabh..V

Jaya (PA)     11 August 2011

Sir,

My husband is suffering from kidney stone problem very much. He is a central govt employee in central railways. He got in to some financial problems and he was trapped in this utilising his financial crisis.

 

Sir, pls suggest me some thing that he can come out of bail.

May I chat with you in gmail?

Jaya

DR.SANAT KUMAR DASH (Eye Specialist)     11 August 2011

What      is  u'r  gmail  id...........JAYA????

Shubhankar Dutta (Private Practice Last 3 Years at Jalpaiguri District & Session Judge Court)     11 August 2011

How many days your husband is in custody?

In which section case has been filed against your husband?

For further details you may contact with me ...

SHUBHANKAR DUTTA (Advocate)

Phone No. 91-9126479514, 09332966239

Email.  Papai_dutta1@yahoo.co.in

 

 

 

West Bengal

 

 

Saurabh..V (Law Consultant)     12 August 2011

@Author

 

At this point of time, you can try all pleas about Kidney Stone or anything else, but court would not leave an accused on these grounds. If court considers it is grave offense, there are scant chances of survival.

 

If chargesheet is filed in your case then it makes a ground for bail. If chargesheet is being delayed then also it is a ground for bail. Illness unless not grave is not a ground for bail.

 

//peace

/Saurabh..V

Jaya (PA)     12 August 2011

Dear Mr. Saurabh,

May i have ur gmail id please? so that i will chat with you online. please.

 

Jaya

Saurabh..V (Law Consultant)     12 August 2011

@Author

 

Check your PM..

Advocate Sidharth Aurora (lawyer)     12 August 2011

Argue on merits of the case...Medical problem only in the end as a supplement ....not primary...After the chargesheet is filed...you may move the bail again........

Advocate Sidharth Aurora

sidharthaurora@in.com


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