Legal Question in Criminal Law in India

perdson accused under sec 420,467,468,471,120B for cheating of 4.5cr.false addresses used and all verified false by police.chargesheet filed.sessions court rejected bail application.

accused has moved high court.Imp here to note that accused's brother who is co-accused had his aniticipatory bail rejected from high court but has not surrendered as per high court orders and is absconding.will this effect the accused bail application in same high court.also accused does not has any fixed address and also belongs to different state.can bail be rejected.


Asked on 5/01/11, 9:19 pm

2 Answers from Attorneys
Vishwa Arya Arya & Co.

if the co accused happens to be brother and has not complied with order, there is hardly any chance for this accused to get bail more so if he does not have proper address. Belonging to different state may not be a significant issue.

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Answered on 5/01/11, 11:28 pm
RAJIV GUPTA (Cell: +91 9811284735) [email protected]

in case the other accused is absconding despite there being court orders, this certainly affect the bail of other co accused. but parity can be invoked only in case similar or more or less similar role is attributed to the applicant qua the absconder.

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Answered on 5/01/11, 11:47 pm


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