BAIL GIVEN BUT NO SURETY FOR THE INNOCENT IN JAIL? WILL HE BE FREE AFT

888 votes

I have to see the charges against the innocent accused, then I will be able to tell whether I can do something to get him out on Bail or not. Your innocent accused must have been got arrested under Narcotic & Psychotropic Substances Act. To get a Bail is a matter of right if it is a bailable offence. Bail in the norm, jail is exception. In Non-Bailable Cases, they do not grant Bail on easy terms, after imposing harsh conditions & by producing the sureties, they give Bail. A foreigner if he cannot produce sureties, then under the Vienna Convention, the accused's country has 'right to consular access', so the embassy or consular officials of that Innocent foreigner's country can certainly after getting consular access from the country in which he is in Jail, can apply for Bail. They can get him deported too if he had done crime and accordingly they will punish the accused foreigner in the country to which he belongs. Possibility is that, if the Police authorities prove out that your innocent foreigner is a habitual offender, then a regular drug peddler, can be legally tried in India too

Advocate Pankaj Bajaj LawRato

873 votes

you need to first apply for bail for the person you refer to as innocent. thereafter 9nce the order is passed and even if no surety is available you can apply for cash bail for the same court. innocent or not will be considered qt the time of trial and not earlier.

Advocate Sudarshan Desai LawRato