Legal Question in Criminal Law in India

where indian law stands

acused sentenced one year sentence and penlty by trial court against 138 of negotiable instruement act 1881. He released on bail for one month. He jumped the bail and court issued arrest warrant against him. On the fear to arrest, he was purduced before judge by the bailer. Now he was in jail since one and half month. Now he appealed before higher court , simply saying he could not appeal in due time due to his illness. No medical certificate to this effect was purduced. Two hearing have already lapsed, he was not granted bail. Now my two questions are here , first ,is he entitle for bail as he already availed the opportunity by jumping bail. Second is his case is maintainale mere on the ground that he was sick and could not appeal in due time.


Asked on 10/20/06, 1:04 am

3 Answers from Attorneys

Re: where indian law stands

Dear sir,

In reply it is to inform you that in your case accused can file a fresh bail application and it is upto the court to decide whether he is entitled to bail and court should also consider his past conduct in this regard.Accused has also right to file appeal along with application for condonation for delay stating the ground for not filing the appeal in time.However you have the right to oppose the said applications and to bring the facts before the court.

thanks.

siddharth

9873343288

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Answered on 10/21/06, 4:49 am
Shrichand Nahar S.V.Nahar, Advocate

Re: where indian law stands

An accused can be granted bail after admission of appeal. Admission of an appeal after period of limitation is very difficult. Law of Limitation require explanation for each day of delay.

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Answered on 10/20/06, 3:41 am
Panduranga Acharya J & P Associates, Advocates & Solicitors

Re: where indian law stands

yes,

but he has to prove his version with documentory evidance like medical certificte (in which he should be advised bed rest). a bonfide reason for delay in filing the appeal can be admitted by the appellate court.

regards,

Panduranga Acharya

0-9886742609

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Answered on 10/20/06, 4:13 am


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