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Dipesh Jain
Asked May 13, 2017

Application for Bail

  • 1 Answer
  • 421 Views

Hello. Charges : U/s 120-B r/w 420, 467, 468, 471 IPC & Sec 13(2) r/w 13(1)(d) of PC Act 1988 The CBI has taken my Uncle n Cousins in remand on 25th April 2017 to Judicial Custody for a period of 14 days. 5 of my family members have been accused. Hyderabad Court All investigations have been completed by CBI and Charge Sheet was filed on 27th April 2017 and is in scrutiny period and waiting to get the CC number. 1st Bail petiton was dismissed on 1st May 2017 before Principal Special Judge for CBI Cases. 2nd Bail Petiton was dismissed on 5th May 2017 in same court. 3rd Bail Petiton was dismissed on 11th May 2017 in same court. ----- I dont know what to do next.?? chargesheet has been filled... but CC is not yet given to the same.... all the investigations have been completed and still they are not granting bail. If investigation is over than why do they still want them in custody. Its been 18 days they are in Jail. 1) I am planning to file a bail petition in High Court. is it advisable ? What if the bail gets rejected in High Court... Can i again file for bail in same court or Session Court or will i have to goto Supreme Court Only. 2) My advocate is telling me that he wont let the Bail get rejected.. instead if he thinks that if the Judge is going to reject than he will withdraw the petition. Is it possible. ? is that true ? 3) On what grounds can i get bail.? Your Opinions will be very thankful.

Answer 1

1. Yes you can file a bail petition in High Court, Your apprehension is correct since the charges are non bailable in nature so there are chances that the bail may get rejected by the court. However even if it is rejected you can file bail petition again and again in the High Court based upon development of various stages of case as principle of Res Judicata is not applicable in criminal cases. For example if your bail petition gets rejected you can file another application if any of the co-accused gets bail, or if police files the CC and so on.

2. An advocate can withdraw the petition at any stage of the case. So yes it is possible and true.

3. The factors that can be taken into consideration for grant of bail are as follows:

  • The antecedents of the applicant including   the fact as to whether the  accused has   previously undergone imprisonment by conviction on Court in respect of any cognizable offence.
  • The possibility   of the applicant to flee from   justice.
  • The possibility  of the   accuser’s likelihood to repeat similar or   the other offences.

If there does not prevail any of the above possibilities then there arises no question of retaining a person in jail. At the time of entertaining bail application court should not go into the merits of the case. Court should take into  consideration  the gravity of the alleged offence, the deep roots of the accused in the society, the possibility of his appearing in the court during trial, the control of the surety over the accused and various other guidelines laid down by the Supreme Court in its judgements delivered from time to time.

Agree Comment 0 Agrees almost 4 years ago

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