Anticipatory Bail in IPC 376 and 315; Rape and abortion
5 years ago
After filing of Anticipatory Bail in High Court, usually after how much time we get date for first hearing ?
And in usually how much hearings we will get the bail, provided the lawyer is a big name.
State is Karnataka.
A.Dear Client,
Under the above two sections Bail can not be claimed as a matter of Right.
It is the discretion of the Hon'ble Court mostly High Courts..
Share the details to get the correct advice.
Shanti Ranjan Behera
Advocate
Under the above two sections Bail can not be claimed as a matter of Right.
It is the discretion of the Hon'ble Court mostly High Courts..
Share the details to get the correct advice.
Shanti Ranjan Behera
Advocate
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A.Dear Sir,
It all depends upon the profile lawyer and the judge. It may take normally 2 to 6 weeks.
For full procedure contact me on mobile through Vidhikarya.
Rate me Five Star *
Please visit the following link.
https://vidhikarya.com/LawyerRating/9506c43f5d0b2d266a07
It all depends upon the profile lawyer and the judge. It may take normally 2 to 6 weeks.
For full procedure contact me on mobile through Vidhikarya.
Rate me Five Star *
Please visit the following link.
https://vidhikarya.com/LawyerRating/9506c43f5d0b2d266a07
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Shreyash Mohta
Responded 5 years ago
A.Sir, IPC sections 376 [rape] and 315 [abortion] both of which are non - bailable sections in the IPC. Under this circumstance the general rule is bail is not allowed. However, it is the discretion of the court whether to grant bail or not. Under any non bailable sections of the IPC bail cannot be granted as a matter of right it can however be granted as a matter of discretion by the court [such discretion of allowing or disallowing the bail resides with the judge who is looking after that particular case]. Going by your theory, if the lawyer is a big name then his presence will definitely count and so will the merits of the case and how well he represents it. The date for the hearing is decided after the bail petition is filed and on the very date the hearing is conducted whereby the judge decides to allow or to disallow a particular bail matter.
Hope this helped
Shreyash Mohta
Hope this helped
Shreyash Mohta
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