• Bail Application

1.) case is registered under 304B with police against 4 ppl including husband, husband already arrested ,and DSP gave clean chit to other accused in inquiry, We met DGP and requested him for further honest investigation as we doubt murder, and SIT formed for further investigation in said case 

2.) police submitted the interim challan only against husband under section 306, 

3.) Jail authorities did not produce the husband in front of judge in last 3 dates.

4.) meanwhile husband applied for his bail in district court.

5.) My previous questions related to same case can also be read along with for understanding of the whole case. 
my queries:- 1.) Can husband get the bail , even if SIT is formed and police agency doing investigation. 
2.) what should be our action so that he does not get the bail.
3.) what should be our best argument for rejection of his bail.
Asked 7 years ago in Criminal Law
Religion: Hindu

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3 Answers

1. Since the SIT is formed the husband is unlikely granted for bail.

2. Pendency f further investigation is your best offence.

Since the first FIR is not with me I can not advise further.

Devajyoti Barman
Advocate, Kolkata
22920 Answers
497 Consultations

5.0 on 5.0

1) it is st the discretion of court to grant your husband bail

2) your contention should be that you apprehend husband will try to influence witness , tamper with investigations and should not be released on bail

Ajay Sethi
Advocate, Mumbai
95198 Answers
7607 Consultations

5.0 on 5.0

The grant of bail is the discretion of court and it depends on the number of days in remand, severity of the offence and status of the investigation in this regard.

You can file an intervenor petition objecting the grant of bail to him for the reasons you rely upon.

T Kalaiselvan
Advocate, Vellore
85398 Answers
2235 Consultations

5.0 on 5.0

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