EXPERIENCED BAIL LAWYERS
TRIPAKSHA LITIGATION is situated in Delhi, India. Advocates in Tripaksha Litigation just not cover Delhi but also covers all other states of India. Our fully independent and Criminal Litigation Law office dedicates the service of its Domestic as well as International Clients which includes Individual, Multinational, Public and Private Companies. Tripaksha Litigation is equipped with an efficient and versatile team of Experienced Advocates, Briefing Counsel, and Legal Researcher who are well trained and have distinguished experience in their specialized areas of Law.
Tripaksha Litigation has the best criminal lawyers. Criminal Trial is our passion and we believe that “No case is indefensible” and in the same way, the entire team of Tripaksha has been Trained. Advocates at Tripaksha Litigation practices criminal law at every level which includes Trial Court, Revisional Court, Appellate Court, SLP or Writ Level, Different High Courts across the country and we undertake the criminal cases from Trial Court to Supreme Court.
Tripaksha Litigation provides its services in the different area of Practice such as Sexual Harassment, Rape, Sexual crime against children- POSCO, Women and Children Trafficking, NDPS, Adultery & Bigamy, Contempts of court, Cyber Crimes, Commercial Disputes, Economic Fraud, Anti Corruption, White collar crimes, Criminal breach of trust, Economic Offence. We also cover the matters in NCLT, RERA, NCLAT, ITAT and other commercial courts of India.
Why is TRIPAKSHA LITIGATION preferred?
Behind every successful law firm there is hard work of its associates and trust of its clients. Advocates at Tripkasha Litigation are well conversant with the facts and knowledge of the matter, we are aware of the interpretation of law, statues, and all the current amendments as well as judgements which helps us in taking all our cases with the most efficient and effective way.
Our Clients not only prefer us just because of our knowledge, we become the first choice also because of the way we handle every single case, we don’t believe in missing the single date of any matter because we understand the value of the time of our clients and the sensitivity of the matter as well as their life and that is why we believe in utilizing every single date in the most effective way in order to avoid any kind of unnecessary delay. We give our 100% to all the matters of all our clients.
Tripaksha Litigation is also to be preferred because we provide each and every single detail to our clients related to their matter, be prepared the proper strategy and discuss it with our client without concealing anything, we provide them best guidance, we tell them the problems which may occur in the future and come up with the best solution for the same. We call our client before they make a call to us, no matter how busy schedule we are dealing with and in how many dates we are going to appear in different courts in a single day, we always remember to provide updates to our clients before they ask for the same. We understand and respect the value of time, money and life.
What is Bail?
Security taken from a person to appear on a fixed date before a Court is a Bail. Bail commonly means release on one’s own bond, with or without sureties. The effect of granting bail is to release him from custody and to entrust him to the custody of his sureties which makes the person bound to to appear before the Court at the specific date and time and the effect of bail is not to set the accused free. It is the security for the appearance of the accused person on giving which he is released pending trial or investigation.
Bail can be taken from not only the accused of an offence, it can be also taken by the witness or any person against whom any proceeding for keeping the peace or good behaviour has been started, one needs to take a bail if he is intending to move for transfer of case, or going to reference or revision or applying for payment of fine in instalments. Bail to take is mandatory for a person who undertakes the care and protection of a lunatic or a convict,or preferring an appeal; or being released on probation of good conduct, or from person taking custody of property.
BAIL
Regular Bail is granted to a person by the Court after his arrest is made, it is granted to the accused from the custody to ensure his presence in the Court as and when required. When a person is arrested by the police officer after commencement of any cognizable or non-cognizable offence, such person has a right to be released from custody under section 437 & 439 of Code of Criminal Procedure and for the same purpose the regular bail is applied.
PROVISION OF BAIL
Section 437 and section 439 of Code of Criminal Procedure lays down the Provision of Regular Bail where it is clearly mentioned that when any person accused of, or suspected of the commission of any non-bailable offence is arrested or detained without warrant by an officer in charge of a police station appear before the court other than the High Court or Court of Session he may be released on bail. Bail shall not be so released if there is reasonable ground for believing that he has been guilty of an offence punishable with death or imprisonment for life. As per the Provision the person shall not be released on bail if such offence is a cognizable offence and the person has been previously convicted of an offence punishable with death or imprisonment for life, or imprisonment for seven years or more, or if the person had been previously convicted on two or more occasions. Provided that the mere fact that an accused person may be required for being identified by witness during investigation shall not be sufficient ground for refusing to grant bail if he has otherwise entitled to be released on bail and gives the undertaking that he shall comply with such directions as may be given by the court.
Section 439 of Code of Criminal Procedure states the special power of High Court or Court of Session regarding bail. It states that any person accused of an offence and in custody be released on bail, and if the offence is of the nature specified in subsection 3 of section 437, may impose any condition which it considers necessary for the purposes mentioned. Any condition imposed by a magistrate when releasing any person on bail be set aside or modified.
Provided that the High Court or the Court of Session shall before granting bail to a person who is accused of an offence which is triable exclusively by the Court of Session or whichy, though not so triable, is punishable with imprisonment for life, give notice of the application for bail to the Public Prosecutor unless it is, for reasons to be recorded in writing, of opinion that it is not practicable to give such notice.
JUDGEMENT ON BAIL
ASHIK @ MOHAMMAD ASIK VERSUS THE STATE OF KARNATAKA
On 17.02.2020 the High court of Karnataka allowed the Bail application on furnishing bond in a sum of Rs.1,00,000/- (Rupees One Lakh only) each with two sureties each for the likesum to the satisfaction of the jurisdictional court.
b) They shall appear before the court as and when required.
c) They shall not threaten or allure the prosecution witnesses in whatsoever manner.
d) They shall not get involved in similar offences.
e) They shall not leave the territorial limits of the Trial Court without prior permission of the Trial Court.
DEEPAK KUMAR SAH v. THE STATE OF BIHAR(2015)
In the above mentioned matter the petitioner was in jail for 9 months. The complainant had became pregnant after having consensual physical relations with him. Hence, the petitioner is liable to maintain the lady and at the time of delivery needed to be with her. Patna High Court granted bail to Accused but only on the condition that he had to furnish a bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of the Learned Additional Chief Judicial Magistrate, Naugachia.
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