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Bail granted to main accused of a partnership firm
20-Mar-2023 (In Criminal Law)
Hi,
My father has been in the JC since last one year.
In short he was a partner in a company in which his other partner duped him while the creditors sued both of them.
He is innocent in this matter but the fact remains he was a director.
My dad surrendered himself whereas the other partner was caught.
Due to financial problems we don't have much money to pay to lawyers.
The partner got bail from high court and on that basis we applied in the session court and the bail got rejected.
What should be our next step?
Going by whatever facts you have revealed, the order of session judge seems to be erroneous as the basic rule of bail is to maintain parity between the co-accused. If the co-accused have been granted bail then the other accused is also entitled.
However the entire facts have to be studied before commenting any further, maybe the court felt that your father might abscond or any other apprehension the court had.
The only recourse we have is to approach the high court and file a second bail application before it. Depending on the circumstances, a second bail application can also be filed before the session court but we have to prove some change in circumstances.
However the entire facts have to be studied before commenting any further, maybe the court felt that your father might abscond or any other apprehension the court had.
The only recourse we have is to approach the high court and file a second bail application before it. Depending on the circumstances, a second bail application can also be filed before the session court but we have to prove some change in circumstances.
Helpful?
11+
11+
You will definitely get the bail.
I dealt the same situation in another case of mine.
For bail the characterisation of an individual is very important. Supreme Court in 2019, Feb, held that individual shall get bail not jail. Jail shall be on rarest of the rare cases.
Kindly share the documents for best possible relief.
I dealt the same situation in another case of mine.
For bail the characterisation of an individual is very important. Supreme Court in 2019, Feb, held that individual shall get bail not jail. Jail shall be on rarest of the rare cases.
Kindly share the documents for best possible relief.
Helpful?
24+
24+
Adv. Prashant Vaxish
Delhi | 400+ Answers
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Hi, you next step should be to file bail before Hon'ble High court and further seek bail on the ground of parity. But still, we have to see the facts of the case and the reason for dismissal before session court.
For more information feel free to have a word with me.
For more information feel free to have a word with me.
Helpful?
11+
11+
Adv. Sahej Uban
Delhi | 500+ Answers
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