Dear Sir, My friend was arrested on 25/JAN/2020 by a police station and imposed 02 cases i.e. IPC 379 and produced in the court from where he sent to the jail. On 27/JAN/2020 another police station of the same area imposed another 01 cases on him i.e. IPC 392. (Both the allegation are false on accused) On 31/Jan/2020 Identification/SINAKHT has been done by the Applicant along with SDM/Tehsildar in the jail where the Applicant did not recognize my friend in the front of SDM/Tehsildar. On 3/Feb/2020 my friend’s advocate filed a bail application in the lower court for IPC 392 only but the court has denied grant bail and said he has 03 cases so we cannot grant bail. Now, His advocate has planned to move in the SESSION court for bail for IPC 392 only with the ground that accused is:- (a). 21 Year youth and his graduation exam are at the corner and if he will not get bail, then his career may destroy. (b). The applicant has not identified the accused. My friend had 01 more cases of IPC 354 but in this judgment has delivered in a couple of years before and he has not been convicted by Honorable court. Now, my questions are….. 1. Will he get bail from session court or he will have to move High Court for the same? 2. Please suggest any strategy to get bail? 3. Can judge raise an objection as he had earlier IPC 354 case (however he is not convicted in this case)? 4. Will he get the advantage of not been identified by the applicant during the SINAKHT process? 5. Should we apply different applications for both the case as both the cases are registered by individual police stations on different days? 6. If we go for bail for IPC 392 then the judge may take objection as he has 02 other cases IPC 379? 7. He has an exam from the coming week. The judge may grant bail considering exam and student? 8. A local newspaper has published his image in the newspaper stating other charges on him however that charge is not imposed by police nor court. What action should I do against News Agency?
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1) you should get bail from sessions court
2) you should emphasise that accused is only 21 years old has to appear in his university exams
3) that accused has not prior convictions
4) he would get advantage as having not been identified
5) considering exams he should get bail
6) Issue legal notice to agency to withdraw false and defamatory statements made against you and to tender an unconditional apology
Previous case will not consider by court which is resulted in acquittal to grant and deny bail.
Bail may grant but he is under judicial custody for charges of theft and not for robbery. Granting bail will not release him from jail. Bail will file for theft.
None identification is supportive ground but not absolute to grant bail.
Apply for bail in both FIRs.
For exam interim bail may grant.
Can file defamation suit once police submitted charge sheet.
1. If bail is rejected in session then he can go to HC. First try in session court
2. Explain that H s custody is not necessary for investigation and he will be readily available for the same.
3. No
4. Yes
5. Different cases different application.
6. No
7. Yes. Atleast temporary bail for exams can be granted
8. You can file defamation case against that news paper if report is false
1. It depends on discretion of judge that bail will be granted or not.
2. Strategy of your advocate is good.
3. Yes for that you should get certified copy of judgement of that case and tender in court while argument.
4. Yes definitely.
5. Yes separate application should be filed for different cases.
6. If regular bail is not granted then you can move application of exams in custody.
7. You can file defamation case once he get acquitted from cases.
1. He should first apply for grant of bail before the sessions court and after he may plan to approach high court if the sessions court has dismissed his bail application.
2. You can work out the strategy as suggested by you.
3. It is discretion of judge.
4. His lawyer should insist on it.
5. He can apply for bails differently.
6. You cannot suppress the facts even otherwise.
7. Cannot predict the judge's mentality.
8. No action can be taken on it.
Both the offences are triable by magistrates, he can get bail from session or from high court.
he need medical documents and that documents is issued by government hospital, or enclose examination hall ticket or other relevant study documents.
Bail can be denied to an accused if he has been previously convicted of an offence punishable with at least 7 years imprisonment.
Definitely he may get advantages.
File separate bail applications
Court can grant temporary bail for appearing in exam.
