Legal Question in Appeals and Writs in India

Regarding Appeal of Bail ....

Sir, in a case of forgery&cheating (420), 2 accused are in Judicial Custody. bail for both are rejected to the cause that the investigation is still going on and the release may effect the case investigation.After 90 days when the charge sheet has been submitted, if only A1 gets bail and A2 doesn't for the reason that the charge sheet states that a1 investigation revealed that this is the only 420 he did. whereas for a2 also this is the first and only 420 he did but , still the investigation is going on and it is expected to get more details and evidences as regard to the case.

Now, my Q is i have heard that if A1 gets a Bail, A2 can plead bail on this ground. Is there any provision in law regarding this situation. If not please help that how the bail application of A2 be proceeded ( either in the same court or higher court ) since 90 days are over and the charge sheet has been submitted. In the charge sheet it is mentioned that while a1 may be released on bail but for a2 it is recommended not to release on bail till the investigation is on.


Asked on 3/26/08, 11:55 am

7 Answers from Attorneys

Re: Regarding Appeal of Bail ....

Dear Querist, the bail is a matter of discretion of court, which has to be examined from the angle of each and every case and facts surrounding the same separately. please send your documents and case details to enable us form an opinion our address is 46LGF, Jor Bagh, New Delhi-110003

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Answered on 3/27/08, 2:51 am

Re: Regarding Appeal of Bail ....

Dear Querist, the bail is a matter of discretion of court, which has to be examined from the angle of each and every case and facts surrounding the same separately. please send your documents and case details to enable us form an opinion our address is 46LGF, Jor Bagh, New Delhi-110003

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Answered on 3/27/08, 2:51 am
Homi Maratha N.N. Maratha & Co.-Advocates

Re: Regarding Appeal of Bail ....

I would recommend you to send your details at my postal address as in to formulate some advice for you as the bail is a matter which needs to be examined by the facts surrounding the case.

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Answered on 3/27/08, 3:42 am
Aniruddha Pawse Aniruddha.P.Pawse Advocates

Re: Regarding Appeal of Bail ....

As it is a discretion of the court to give bail or not the remarks in charge sheet are of no value. there is no limit to apply for bail. You can apply for bail as many times you want on different grounds.

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Answered on 3/27/08, 8:05 am

Re: Regarding Appeal of Bail ....

There is nothing to worry.Details like charge sheet is required to be examined to give any opinion or to suggest any course of action in order to get bail,so,contact with details,professional charges are applicable.

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Answered on 3/26/08, 1:41 pm

Re: Regarding Appeal of Bail ....

There is nothing to worry.Details like charge sheet is required to be examined to give any opinion or to suggest any course of action in order to get bail,so,contact with details,professional charges are applicable.

Read more
Answered on 3/26/08, 1:41 pm

Re: Regarding Appeal of Bail ....

There is nothing to worry.Details like charge sheet is required to be examined to give any opinion or to suggest any course of action in order to get bail,so,contact with details,professional charges are applicable.

Read more
Answered on 3/26/08, 1:41 pm


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