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Rohit Sharma (Business)     14 August 2015

Bail for arrested absconder after 14 years

Dear All,

One of my known has been arrested in a case filed u/s 120B, 420 and 467 IPC. The chargesheet was framed way back in 2000. For the first hearing, he was critically ill and his brother submitted a signed medical certificate of the main accused. After that, the accused was not aware of the case proceedings and so did not update his latest address with the court. In the meantime, he was declared a procliamed offender. He was recently arrested after 15 years of submission of chargesheet. 

The co-accused, who is his brother is still absconding. 

We are not sure on what grounds can bail be filed since we are getting the general advise that right now the rejection probability of bail will be high and we should wait for a few hearings. 

The case at present is in Evidence stage.

Your advise will really help on what ground to apply the bail on and what is the course of action to be taken.

Thanks.  



Learning

 2 Replies

Advocate Rohit (Advocate)     14 August 2015

you need to show the genuine reason why you could not attend the court. didn't you knew while shifting that the case is pending in the Court?

While moving bail application accused needs to show the sufficient reason why the court should grant the bail? otherwise the court shall reject the same due to past record of not attending the court hearing.

Regards

Adv. Rohit Dalmia

9324538481

Mumbai

adv.raghavan (Advocate,9444674980)     16 August 2015

First you have to recall proclamation order, then you have to apply for bail. 


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