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RAMESH KISANI (Managing Director)     27 July 2020

Intervening application to oppose bail application by accuse

I am a victim / complainant in a case. want to file intervening application in sessions court to oppose the grant of Bail by the Accused who has filed Anticipatory Bail. Kindly let me know the appropriate correct section of Criminal Procedure Code under which I can file such Intervening Application. Thanks.



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 5 Replies

Dr J C Vashista (Advocate)     28 July 2020

Originally posted by : RAMESH KISANI
I am a victim / complainant in a case. want to file intervening application in sessions court to oppose the grant of Bail by the Accused who has filed Anticipatory Bail. Kindly let me know the appropriate correct section of Criminal Procedure Code under which I can file such Intervening Application. Thanks.

You can oppose the bail of accused orally.

P. Venu (Advocate)     28 July 2020

In such a case, what matters are the facts, not the law or its provisions.

Kishor Mehta (CEO)     28 July 2020

If you are really serious about the case you had better appoint an advocate. 

Raghav Tanaji   28 July 2020

 

 

in 438CrPC - Anticipatory bail - the bail is rule and jail is exception

Incarceration is cannot be punishment, unless the allegations have been proved

Bail can be opposed

1. Based on gravity of accusation

2. antecedents of applicant - including if a person previously undergone imprisonment

3. Possiblity of fleeing from Justice.

 

 

Court in certain cases can impose conditions for bail 

Please approach the Public Prosecutor, if you see any of the above grounds could be violated Only then bail can be rejected

Sourav Das (Advocate Supreme Court of India)     28 July 2020

Talk to public prosecutor 


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