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james bhatti (Advocate)     27 May 2011

Right to bail

The law says the bail is the right of the accused. But on the other hand it has conferred the descretionary powers upon the Courts.

 

These days (at least iin Punjab) the Courts are very strict in granting bails to the accused persons. Jails are overflowing with the prisoners and ther are prisoners who either have committed no offence or have sufficient grounds for bail.

 

I filed an application for regular bail which was declined by the Lower Court. There is nothing against the accused in FIR, Challan has not as yet been presented. Then I filed the application before the Honourable Court of Sessions. I pleaded that even the name of the accused does not appear in the FIR, it was dismissed.

 

My question is: If an accused is not released on bail and after evidence he is equitted, who shall be responsible for the terrorsome period he/she has squandered in jail? Should we call it justice?



Learning

 7 Replies

Suchitra. S (Advocate)     27 May 2011

Though applying for bail is a right of a person, granting bail is at the discretion of the Court. And in certain offences which are non bailable, Courts deny bail and not in all. It all depends on the grieviousness of the offence mainly. 

I really dont understand why Courts deny bail for a person against whom no section of IPC has been applied. And moreover, why id you apply for bail when your anme is not there in FIR !?

james bhatti (Advocate)     27 May 2011

Thanks for your reply,

I am replying to your question "And moreover, why id you apply for bail when your anme is not there in FIR !?"

My client is in judicial custody and I applied for a regular bail.

 

Sincerely,

Suchitra. S (Advocate)     27 May 2011

What is the offence alleged? 

james bhatti (Advocate)     27 May 2011

It is u/ss 419/420/465/467/468/471, 120-B IPC.

 

Thank you for taking your time.

SANTOSHSINGH. (ADVOCATE sardarsena@gmail.com)     27 May 2011

take up the matter with higher courts. Bail is right.

james bhatti (Advocate)     27 May 2011

Is it not right that descretion makes one biased and prejudiced? I am sick of this descretion.

james bhatti (Advocate)     27 May 2011

Thank you for suggestion/advice. I am proceeding to the Punjab High Court.


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