• Immoral trafficking prevention

Accused aged 62 M(with bypass surgery) is in Jail Custody after under section 370(3) IPC, along with sections 3, 4, 5 and 7 of the Immoral Traffic (Prevention) Act (ITPA). He was arrested on 18th and was in PC(police custody) till 26th Dec. 

Please let me know the process to avail bail as early as possible ?
How long will it take to get bail?(minimum no of days)?
Any guidelines to appoint lawyer to get it done ASAP ?
Asked 2 years ago in Criminal Law from Mumbai, Maharashtra
Religion: Hindu

1.In such offences the custody is generally of not that long. Within 304 days bail is generally granted.

2.SInce the Magistrate is not granting him bail it is advisable to apply for his bail from sessions/high court u/s 439 IPC. He is likely to get bail once the higher court hears his bail plea.

3. Contact a good advocate who deals with criminal law.

Do not worry as once bail is moved in high court he will get bail soon. His physical conditions will also augment for the same.

Devajyoti Barman
Advocate, Kolkata
17972 Answers
258 Consultations

5.0 on 5.0

You need to immediately file bail application before the session court or high court with the help of any good local advocate.

Bail application will be listed before the court within 2-3 days, now its upto you and your advocate to convince the court for bail.

Laksheyender Kumar
Advocate, Delhi
734 Answers
2 Consultations

4.8 on 5.0

It is necessary to peruse allegations made in FIR to advice

2) accused should contact a local lawyer

3) emphasise the fact that accused is heart patient recently under went by pass surgery has no prior criminal record

4)if it is alleged that a minor girl was forced in the vocation of prostitution and after taking into consideration the fact that the allegations against the applicant are very serious in nature, court may dismiss the bail application and remand accused to further custody

Ajay Sethi
Advocate, Mumbai
68149 Answers
4114 Consultations

5.0 on 5.0

1. To release him on bail medical records (latest) are necessary.

2. Family history of the accused it to be furnished to the lawyer.

3. To prove innocence on the part of accused many more documents have to procured and secured.

4. History family dependents and their earning capacity and dependency on the accused to be furnished.

5. It is serious offence as such normally the Trial Court reject such bail but higher court may all such bail

6. There are not\ fast and hard rule, each release order depends upon various factors.

Kishan Dutt Kalaskar
Advocate, Bangalore
4598 Answers
126 Consultations

5.0 on 5.0

Hello,

It will take 15-30 days.

Depends on his role in the crime.

Engage a good criminal lawyer who has a good reputation before the court where the bail application will be presented.

An application for bail has to be filed before the Session Court, which will be opposed by the public prosecutor.

Regards

Anilesh Tewari
Advocate, New Delhi
17201 Answers
265 Consultations

5.0 on 5.0

Section 370 - Whoever commits the offence of trafficking shall be punished with rigorous imprisonment for a term which shall not be less than seven years, but which may extend to ten years, and shall also be liable to fine. This is non bailable offence.

The accused is 62 years old person and also having Bypass surgery , so if he will continue his days behind the bar more days , it will create great hardship for him as he needs medical treatment regularly.

He is in judicial custody since last 8 days only , which is not suitable days for getting Bail from the court.

But , if really you have medical papers for his treatment of Bypass Surgery and further treatment , then the Accused can get Bail on this ground .

If , the condition of accused is sound and not need medical attention for his treatment , then better to complete at least 15 days of time to move the bail application , otherwise application will be rejected.

Court generally grant bail after three months of time under these sections but you may proceed even 15 days of time on the medical and old age ground.

Mohammed Shahzad
Advocate, Delhi
799 Answers
18 Consultations

5.0 on 5.0

Sir file a bail application before the session court. Since the accused is already in jail therefore the question of interim bail doesn't arise. Moreover, try to get the case diary in your favour in order to get bail. If the investigation is already completed than the accused is not required to be in jail. Getting bail now mostly depends on the case diary.

Hope my reply helps you.

Johnu Kanta Bhuyan
Advocate, Guwahati
192 Answers
3 Consultations

5.0 on 5.0

1. Since he is in jail the accused has to first apply for bail to the magistrate. The courts subordinate to the High Court are ordinarily reluctant to grant bail in such cases, so he may have to finally approach the High Court.

2. It may take around a month.

3. Without perusal of the FIR it is not possible to state what are the prospects.

Ashish Davessar
Advocate, Jaipur
26517 Answers
792 Consultations

5.0 on 5.0

It is cognizable offence, which is non-bailable and triable by a sessions court.

Therefore the trial court may dismiss the bail application if the first instance, after which the petitioner can approach high court for bail with the copy of the order of the dismissal by the sessions court.

or can approach the same sessions court after a gap of 15 days with a fresh application.

T Kalaiselvan
Advocate, Vellore
57900 Answers
730 Consultations

5.0 on 5.0

The bench of Krishnaiyer, V.R. had observed that when considering the question of bail, the gravity of the offence involved and the heinousness of the crime which are likely to induce the petitioner to avoid the course of justice must weigh with the court. Taking into consideration the facts of the case the apex court held that the circumstances and the social milieu do not militate against the petitioner being granted bail.

There are some conditions put under section 437 of the Cr.P.C. wherein you can ask for bail even if you committed non-bailable offense. In non-bailable cases, bail is not the right but the discretion of the judge if regards the case as fit for the grant of bail, it regards imposition of certain conditions as necessary in the circumstances. Section S. 437 (3) elaborates the conditions set by the law to get bail in non-bailable offenses.

The sub-section says that when a person accused or suspected of the commission of an offense punishable with imprisonment which may extend to seven years or more or of an offense under Chapter VI, Chapter XVI or Chapter XVII of the Indian Penal Code (45 of 1860) or abatement of, or conspiracy or attempt to commit any such offense, is released on bail under sub-section (1). However, for that the Court has power to impose any condition which it considers necessary.

Some conditions that the court may place while granting bail are as follows:

In order to ensure that such person shall attend in accordance with the conditions of the bond executed under this Chapter, or

In order to ensure that such person shall not commit an offence similar to the offence of which he is accused or of the commission of which he is suspected, or

Otherwise in the interests of Justice.

File a fresh application for bail on session court or High court. The court generally grant bail after 90 days of time but you may proceed even 15 days of time on the medical and old age ground

Ajay N S
Advocate, Ernakulam
3173 Answers
64 Consultations

5.0 on 5.0

There are no fast and hard rule, each release order depends upon various factors.

Section 370 of Indian Penal Code states buying or disposing of any person as a slave.—Whoever imports, exports, removes, buys, sells or disposes of any person as a slave, or accepts, receives or detains against his will any person as a slave, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.

Also this offence is non-bailable

Court generally grant bail after three months of time under these sections but you may proceed even 15 days of time on the medical and old age ground.

You can ask for bail even if you committed non-bailable offense. In non-bailable cases, bail is not the right but the discretion of the judge if regards the case as fit for the grant of bail, it regards imposition of certain conditions as necessary in the circumstances.

You have to apply to the Magistrate court for regular bail, and it will be the discretion of the court to grant Bail or not.

You can follow the below mentioned to appoint a lawyer

1. Choose a lawyer with a passion for the law.

2. Find a lawyer that specializes in your charges.

3. Look for confidence, not arrogance. There is always an element of unknown when it comes to the law. Your lawyer cannot guarantee a specific outcome to your case. Choose a lawyer that will build a strong case through preparation; not one that fills your mind with promises they can’t guarantee.

At last i just want to say that human progress is neither automatic nor inevitable... Every step toward the goal of justice requires sacrifice, suffering, and struggle; the tireless exertions and passionate concern of dedicated individuals.

GOPAL VERMA

ADVOCATE ON RECORD

SUPREME COURT OF INDIA

Shri Gopal Verma
Advocate, Delhi
204 Answers
1 Consultation

4.0 on 5.0

Police official will take at least three months time to file charge sheet and when filed ,you must discuss with your lawyer to argue at the time of Charge Framing.

Mostly accused under this section discharged/acquitted from the court in the beginning of the case.

Mohammed Shahzad
Advocate, Delhi
799 Answers
18 Consultations

5.0 on 5.0

What were terms and conditions of bail ?

2) it may take around a week at least to get surety verification done

3) Police would conduct investigations and submit charge sheet or closure report

Ajay Sethi
Advocate, Mumbai
68149 Answers
4114 Consultations

5.0 on 5.0

If the bail is granted by high court, then with the copy of the bail order, along with the sureties, your advocate has to apply for releasing the accused on regular bail by submitting the above forms and an application before the trial court within fifteen days or the time stipulated in the bail order.

The trial court would then enlarge the accused on bail after satisfying the conditions imposed in the order for grant of bail, the bail bond will be sent to the prison from where the accused will be released directly by the jail authorities on receipt of orders from court.

You can engage the services of any other advocate if this one do not cooperate properly.

,

T Kalaiselvan
Advocate, Vellore
57900 Answers
730 Consultations

5.0 on 5.0

It takes a week time

Just approval is to be given by the registrar and copy of the same is to be procured

Ask your Advocate to do the same at the earliest

Anilesh Tewari
Advocate, New Delhi
17201 Answers
265 Consultations

5.0 on 5.0

1. After the bail the accused has to submit surety bonds and on it being verified the release order is issued. It takes time as the system is designed in a faulty manner, dont blame the lawyers.

2. After the judge approves the documents the release order has to issue immediately.

Ashish Davessar
Advocate, Jaipur
26517 Answers
792 Consultations

5.0 on 5.0

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