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sunil kamble   19 May 2020

Sec 376

what is the procedure to get the bail from court??


Learning

 6 Replies

Hemant Agarwal (ha21@rediffmail.com Mumbai : 9820174108)     19 May 2020

1. Be Present and File Application before the Court and comply with the Court order.

Keep Smiling .... Hemant Agarwal
VISIT: www.chshelpforum.com

1 Like

Arun Meena   19 May 2020

TO get bail the one who finds guilty must have an immovable property and must be permanent citizen of the living place and pay amount to court and must sure that he submit his passport to police and promises to not leave the country ,and he can get bail of 3 months or more
2 Like

P. Venu (Advocate)     19 May 2020

What are the facts? What is the context?

Dr J C Vashista (Advocate)     20 May 2020

Engage a local prudent lawyer for appreciation of allegations levelled in FIR and moving to concerned court for grant of bail and further proceeding.

Dr J C Vashista (Advocate)     21 May 2020

Originally posted by : Arun Meena
TO get bail the one who finds guilty must have an immovable property and must be permanent citizen of the living place and pay amount to court and must sure that he submit his passport to police and promises to not leave the country ,and he can get bail of 3 months or more

You have made a mess of whole of your opinion / advise since:

1.You have misconception regarding immovable property, permanent citizen..... of accused (where you have used the connotation "one who finds guilty"), whereas, it has to be in the name of surity of accused. The surity should be sound to the satisfaction of the Court,

2. Finding one (none else than accused) guilty can only be established / judged by Court on completion of trial, whereas there is no inkling of prosecution evidence, statement of accused, defence evidence and finally arguments from both parties. 

3. I could not understand what do you intend to communicate by stating "permanent citizen of the living place", ? You mean to say it is applicable for accused or his surity or his lawyer or the Court ??

4 You have opined that, ..."pay amount to court..." can you let us know the provision/ authority under which the Court can allow the surity to deposit money at the time of acceptance of Bail Bond ? To my mind it bold and capital "NO"..

5. The author has no where stated the pre-condition for grant of bail to the accused to surrender/  ".. submit his passport, to police and promises to not leave the country,..." isn't it ? Where from you have imported / inteferred this condition and opined so ?  

6. Lastly under which provision of law it can be found that the accused "...can get bail of 3 months or more." ? The bail (regular) u/s 437 or 439 Cr PC shall remain in force during the pendency of trial, which do not lapse (or required to be extended) beyond 3 months.

 

Hemant Agarwal (ha21@rediffmail.com Mumbai : 9820174108)     21 May 2020

Originally posted by : OM PRAKASH
But, u did not notice that his suggestions are 'liked' by another 'expert' Hemant Agarwal, the alleged super lawyer of the Bombay H.C.

BEWARE of people like "OM PRAKASH" (a Frustrated & poisonous forked tongue Expert), wherein he continously spews out his Frustrations against various voluntary EXPERTS of this Forum. ONLY NEGATIVE CRITICISM, WITHOUT ANY MEANINGFUL OR CONSTRUCTIVE ADVISE. 


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