Nani (Software Engineer) 17 January 2012

Accused

Can a person get bail who is accused under the following sections U/S.147,148, 302, Sec120 (B) IPC, Sec 25 (1-b) (a) and 27 arms act s*x 4 and 5 ES Act and Se 13(1)(2), 38,39 and 40 of the Un-lawful Activities(Prevention) Act-1967 R/w 149 IPC. And he is medically not good who is suffering from il health and can you even suggest which procedure could be a better to follow. Please reply as soon as possible. Thank you.

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Bhawani Mahapatra (Law Officer) 17 January 2012

Dear Nani Most of the sections you mentioned above are non-bailable in nature & trible by court of sessions. That doesn't mean that you won't get bail. But the accused have to wait till filing of charge sheet by the police, submission of PP/medical report. Ill health can't be a basis of granting bail for such allegation, otherwise of serious nature to the satisfaction of the court. Bail is not expected before minimum of 2 months from arrest by the trial court, however High Court may consider your plea before that.