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Gods Vanity (Assistant Manager)     13 June 2014

Why there is bail in non-bailable section

https://indiatoday.intoday.in/story/law-student-molested-thrashed-in-delhi/1/365481.html

Charges Framed were 323,341,354A,354

Judge has granted bail on grounds of Name not mentioned in FIR and There was delay of 72 Hours in FIR registration.

While Opposing the Bail Application, Specifically i mentioned that SUV car had tinted glasses even that is not taken o Records. What Kind of Bail order it is.

Arguement was on a stalking, and as he was trying to abduct i somehow manage to save because i was made alert.

I am really disheartned to see and read this, Is there anyone to help???



Learning

 6 Replies

Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 )     13 June 2014

a bail is granted on the basis of the circumstances and seriousness of the offense.  Serious misdemeanor cases and felonies often require a bail determination.  Bail can be sought by the accused person during the pre-trial period or pending execution of sentence.  The question of bail also comes into play while an appeal of a conviction or sentence is pending. 

Sunil S Nair (lawyer)     13 June 2014

It is lacuna on the part of  police official for not entering the name in FIR they should have mentioned the same because its mandatory to specify the proper name with address and the sections charged with in the FIR

Optic Globe (Nothing)     13 June 2014

I think, " bailable" offence means an offence where the accused has a legal right of bail. If an accused in bailable offence offers bail, he MUST be released on bail. A non - bailable offence means an offence where an accused do not have an automatic legal right of bail. It is the discretion of the Court, to decide whether to grant or not to grant bail to an accused in non - bailable offence. That means, even if an accused offers bail in non - bailable offence, Court CAN deny bail exercising it's discretion. So, the core matter of distinction is whether an automatic legal right of bail exists or not. In both bailable & non - bailable offences, Court also has the discretion to ask for, or not to ask for personal bond and bail bond from accused, under Section 88 CRPC. Recently, Arvind Kejriwal wanted Court to exercise discretion under Section 88 CRPC, which the Court denied.

( I am not a professional lawyer ; only an amateur studying law through internet resources ) 

Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 )     14 June 2014

At the time of case trial, the complainant can say all the facts. First answer to the judge question and then tell your version correctly. So that court will record all the facts which are  you going to mentioned in the court at the time of trial and decide the justice. Be brave in front of judge and open court. Lord Hanuman will be  with you. 

Gods Vanity (Assistant Manager)     14 June 2014

Thank You Ramachary Sir. I am sure . But no one understands how does it feels when someone catch hold you. I still get nightmares of that Incident.

T. Kalaiselvan, Advocate (Advocate)     15 June 2014

Of course it is a nightmarish event and cannot be erased out of the mind so soon.  As you said that the accused used high end car, it is natural that he has used his influence to bribe the police as well resulting into a FIR containing very minor offences hence whatever you say will only be an information to the judge not related to the event due to the charges in the FIR, thus he was granted bail easily.  This is the fate of the country to tide with the corrupt law enforcing agencies through the country, be it Delhi or down south Tamilnadu or Kerala.  Repose faith in Him, He will take care of the things when the time is ripe.


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