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Showing posts with the label Bail

Legal remedy if framed in false charges under S. 323, S.341,S.143, S.147,S.504, S.506 of Indian Penal Code by police machinery in a love affair matter

The accused should surrender to police as in the above sections, all the offences are bailable thus as per legal procedure, the accused cannot apply for anticipatory bail as the above mentioned charges framed against the accused, are not containing at least one non bailable offence against the accused, all the charges are bailable offences. Offences under the Criminal Law are classified into bailable and non-bailable offence. Section 2(a) of the Code of Criminal Procedure, 1973, provides that “bailable offence” refers to offences which are shown as bailable in the First Schedule or which is made bailable by any other Law and non-bailable offence means any other offence not specified in the First Schedule. A general reading of the bailable offences in the Schedule indicates that by and large not so serious offences are considered as bailable and other offences are considered as non-bailable. According to the First Schedule offences under any Law other than the Indian Penal C

The concept of bail is not unfair

The concept of bail is unfair as well as fair. In this article, I am discussing the concept of bail in context of Indian law. The granting of bail is usually considered to be an inherent right. However, there are certain circumstances where bail may be refused. In bailable offences, it is a right of the accused to be released on bail. But in non bailable offences, the accused can be refused bail by the competent authority if the authority deems it fit. Unless exceptional circumstances are brought to the notice of the Court which may defeat proper investigation and a fair trial, the Court will not decline to grant bail to a person. A court is bound to presume a person innocent till the trial is complete. A bail hearing is not a hearing on the merits of the matter itself and does not go into the issue of guilt. Therefore granting of bail is the norm except in cases where specific grounds are made out based on which the bail can be refused. If there are reasonable grounds for believi

Decision of Bail amounts in Indian Courts

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In Indian courts bail amount is calculated based on the following 1.  Brutality of crime 2.  Judge's decision.

Bail

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