How an accused caught red handed by cbi taking bribe of 11000 get bail?
The magistrate court has sent him to judicial custody.
Also his past service and crime record is clean and there was no disproportionate asset found in cbi raid of his house.
Asked 2 years ago in Criminal Law from Bilaspur, Chhattisgarh
The chief judicial magistrate may consider releasing the accused on bail after completion of at least 13 to 15 days in remand/judicial custody, however the argument should be based on the history of previous clean chit of the accused and the circumstances in which he was trapped in the present case.
It depends on how strong the counsel presents his arguments in favor of the accused based on the merits of the case.
It is difficult in such cases to obtain bail, more so from the courts subordinate the High Court. Bail can be sought only on merits i.e by prima facie showing that the case is false or there was some irregularity in the procedure adopted and followed to arrest the accused. The past record is immaterial. Unless the FIR is perused threadbare nothing can be said on merits,
1) accused would have been sent to judicial custody to enable CBI to carry out further investigations
2) application for bail can be made by the accused and it should be pointed out that accused has clean record and no disproportionate assets have been found by police during raid
Thank u all for your advice.I just want to know in how many days of a judicial custody can an accused in above mentioned case gets a bail according to your prior experiences?
Asked 2 years ago
1)after 14 days of custody court may grant accused bail
In my own client's case it took 14 days to get him enlarged on bail after custody, but it depends on the discretion of the presiding judicial officer of the par titular court.
It varies from a case to case. Depending on the seriousness of allegations the court may be strict or lenient in deciding the eligibility of bail.