Dear Sir, My nephew has been arrested by police for threatening some one over phone demanding money. Police arrested him and booked case under Section 506(1) and 387 of IPC. He has been remanded and now he is in jail for 18 days. We filed bail petition in lower court on the same when he was produced . But we have not received bail so far. But Magistrate adjourns the date hearing every next date. We are roaming daily but we could not get bail. There is no previous criminal cases against him. Can you advice what would be the reason for delay. Is it possible to get bail
1. In the lower court he is not likely to get bail soon since there is allegations of extortions.
2. So file a bail petition in sessions court first u/s 439 crpc.
3. if you do not get bail then file the same in high curt under the same section. The chances of getting bail is most in high court.
Hi,
You should get bail in this matter as the charges are not proved. I would like to ask have you engage any lawyer, as application of bail is taken on urgent basis. On next date do press in front of the judge that you have been coming for bail daily however till now you have not been heard. The offence is non bailable but it does not mean that bail cannot be granted as it depend on facts and circumstances of each case and discretion of the judge.
1) it is suprising that magistrate has not passed orders on your bail application
2) onnext date draw attention of court to fact that bail application has been pending for long and accused is in custody fir over 18 days
3) request court to pass orders on your bail application
Dear Client,
As per Supreme Court guidelines, bail petition may be disposed with one week, site Supreme court judgment to court.
It is better to press your application before the magistrate and invite order in case the magistrate rejects the bail then you can move to the sessions court. The reason of delay may be police might have asked custody or the PP is delaying ask your lawyer to press the application and invite the order it would of no use keeping the application pending.
Our advocate is daily appearing before Magistrate and requesting to grant bail. But the Magistrate Neither grant bail nor dismiss the bail application. She told that police reply says that they are waiting for forensic report. Our advocate told that forensic report will not come soon. Hence requested to grant bail and forensic report can be considered during the trial. But still she is adjourning the hearing very next day every time. We have appeared more than eight hearing. Further my nephew has not called to complaintant directly from his phone. We are under doubt whether he has threatened or not. My nephew is also under confusion why he has done this act and he is in the age of 23. But he was confessed by police. Can you advice what would be the cost if we apply bail before sessions court or high court. Because as we are not in the position to spend more money and our salary is sufficient to run our family only. We don't have financial background to deal this case in higher court.
Confession to police has no relevance.
Submit Supreme Court judgment in which guidelines have been issued, The magistrate dispose bail application within one week.
Or on next hearing, request the court to summon FSL report next day or grant interim bail until FSL not received.
Legal fees vary depending upon the Lawyer engaged by you
Please file a date-advancement application requesting the Court to hear the bail plea at the earliest. You may point out the urgency and point to the Supreme Court’s guidelines in Aasu vs State of Rajasthan. Here is a pertinent extract from the judgement:
“As far as possible, bail applications in subordinate courts should ordinarily be decided within one week and in High Courts within two-three weeks.”
The entire judgement can be found here: http://mpsja.mphc.gov.in/Joti/pdf/LU/criminal%20trial%20guidelines.pdf
In case the bail application were to be still kept pending, you could move the High Court under Section 439 read with Section 482 of CrPC read with Articles 226 and 227 of the Constitution for regular bail and a direction that you be given a speedy trial which is your constitutional right.
There is no fixed cost for the advocates. It varies with every person. Talk to the person who will appear for your bail to know the cost. It should be around 10k-15k.
Sir no confession before the police is admissible as evidence in trail though as preliminary investigation the court can consider same for bail.
Ask your lawyer to get it rejected so that you can take it to sessions. There no cost of filing other then legal fee of Advocate, The advocate fee is only need to be paid for sessions court and the high court.
I must add that if your bail is finally rejected, you will have the option of moving a fresh bail application under Section 439 of CrPC before the Sessions Court or High Court.
Further queries are welcome.
Hi, you can file a petition under section 482 Crpc in high court for expediate hearing
This is a serious offence and the court will take its time to decide the bail let the forensic report come and submitted in the court and that after the bail will be allowed or disallowed in case it is disallowed you can move to the High Court
1. Since the magistrate is not deciding the bail application the only remedy for you is to file a petition in the High Court with a prayer to issue binding directions to the magistrate to decide the bail application immediately. Once the HC passes the necessary directions the magistrate would heed it immediately.
2. Unless your bail application is dismissed by the Magistrate you cannot seek your remedies before the Sessions Court and High Court.
Your lawyer can request the court to dismiss the bail application and file a petition before sessions court against the decision of the lower court or approach high court with the dismissal copy for bail.
The advocate fee for filing bail application before sessions court or high court cannot be predicted, it depends on the advocate you may engage.
If the lower court is not inclined to grant bail then you may have to approach the higher court only for relief.