LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Ravikant Soni (LAWYER IN JAIPUR)     07 July 2010

prevailing of HC SC bail orders on lower courts....

My learned friends,

Many time this Question comes in my mind.......

In a case where more than one accused arrested. One of them get bail from high court. Then why the sessions court not follow that bail order of high court as legal precedent?? and Why the Sessions court reject the bail application of other accused despite one accused got bail from high court??? Is order of taking bail not prevails force of precedent even when the case is same and matter is same???



Learning

 7 Replies

Ravikant Soni (LAWYER IN JAIPUR)     07 July 2010

Further more.......................

Is it any exception under constitutional law???

Raj Kumar Makkad (Adv P & H High Court Chandigarh)     07 July 2010

It depends upon judge to judge to follow the verdict of upper court in respect of other accused persons in the same case. Bail is a matter of discretion of court so it cannot be forced as precedient. Supreme court has clarified this point various times and judge cannot be restrained to follow his line of action in bail matters.

Ravikant Soni (LAWYER IN JAIPUR)     07 July 2010

Is there any law really?? Or it is only hearsay???

Legal Fighter (Advocate)     07 July 2010

there is no law for providing bail to co-accused when the higher court has granted bail to other.

Dharmesh Manjeshwar (Advocate/Lawyer)     08 July 2010

Granting bail is discretion of the court ........ If High Court has granted bail to a co-accused it does not mean that the Sessions courts are bound by law to grant bail to a another co-accused ........ further it could depend on the mindset of the judge .... the role of the accused ..... progress of investigation ........ the past of the co-accused .... whether there are chances of him hampering the investigation and/or tampering with the evidence ..... etc ....... based on all these the grant of bail to such a co-accused would be considered .......

Bharatkumar (ADVOCATE )     08 July 2010

Court see the role of accused in the matter (Charge Sheet), see evidence and thereafter decided for bail.

Lawrence William (Service)     09 July 2010

This dirscretion power has become a toy for the courts??...... hon. judges perhaps don't know that the undertrial is passing his days in great agony and pain. I even doubt that my advocate friends have any knowlege about a single day in any indian jail. My friends ...its not jail but hell  on the earth. They say it's a judicial custody ...but i doubt if any of our hon judges have spent a single minute there to see or hear the agony of people (under trial) in any indian jail. I can write pages on this but dont want to because as indians we do injustice and are taught to accept injustice. Unless we are a business tycoon, a politician or a police dept head.(retired bhi chalta hai e.g. rathod). My point is that  the hon. lower courts should use their power and release the undertrial as precidents. There are lacs of pending cases in india,  after sixty years of independence we dont want to leave what the britishers leftover for us?. Jootha khane ki aadat pad gai hai? But,...who will bell the cat?? Here you blow the wistle and you yourself are out. I pity the system. God save us from all this. Especially the U.T's family.


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register