plesase help me to find out the settled position for bail when an accused in an Long Pending case with bailable offences only ,is surrendered before court...is it mandary to court to grant bail..
adv sujith ayinippully 27 June 2015
plesase help me to find out the settled position for bail when an accused in an Long Pending case with bailable offences only ,is surrendered before court...is it mandary to court to grant bail..
Adv Shrikiran.B (Advocate) 27 June 2015
Hello Sujith,
We canot say it is mandatory for the court to grant bail in bailable offences to the accused even if the accused surrenders himself in a long pening case. The Magistate/Judge of the concerned court would look into the activities and behaviour of the accused even in bailable offences and would like to know the reasons as to why the accused has been avoiding his appearance before the court all these days. Then, it is natural for the court to get vary of the accused intentions and may pose problems in granting bail. However, it is the defence counsel who need to substantiate that the accused could not surrender before the court due to some unavoidable circumstances and impress upon the Magistrate/Judge and try to convince about the reasons. Then, Magistrate/Judge may provide bail to the accused.
adv sujith ayinippully 27 June 2015
adv sujith ayinippully 27 June 2015
adv sujith ayinippully 27 June 2015
adv sujith ayinippully 27 June 2015
adv sujith ayinippully 27 June 2015
SAINATH DEVALLA (LEGAL CONSULTANT) 01 July 2015
Come out with the total case history for a good suggestion