Diwakar Bhardwaj 23 September 2017

Query regarding Bail

In IPC section 376,342 and 120b the main accused Vishal Sharma acquitted in month of August. But his father mother was P.O in this Case. They surrendered on 11 Sept. So, i would like to ask after how many days we can file bail and what will be the trial procedure.

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8 Replies

Siddharth Srivastava (Advocate) 23 September 2017

As such there is no time prescribed for filing bail application. Since accused Vishal has already been acquitted so it is a ground for bail. You can file application for bail at any time.

Diwakar Bhardwaj 23 September 2017

thank you sir. what will be the trail procedure and how much time it will take for completion of trail ?

Siddharth Srivastava (Advocate) 23 September 2017

It depends on facts of the case. Nobody can predict. Consult a good lawyer.

Diwakar Bhardwaj 23 September 2017

ok sir as the accused is acquitted so the parents are also aquitted in this case ?

Siddharth Srivastava (Advocate) 23 September 2017

As such, there is no guarantee. It depends upon the merit of the case.

(Guest)

Mr. Vishal can file bail anytime under Section 436 Cr PC.. But as Sections under which he was chargesheeted is combination of one bailable and two non bailable offenses u/Schedule I Cr. PC it would be treated as a cognizable non-bailable offense. Discretion is on pt of court to grant or deny bail.

Further, as offense mentioned by u is clearly a warrants' case under Cr PC, trial procedures u/Section 238-250 would be followed in Mr. Vishal's case.

As Vishal has alreay been acquitted no question of submission of bail arises....