If an Indian is arrested and sent to jail so he needs to come out of the jail so he can only come out with the help of the bail bond which needs to be made. Criminal Procedure Code contains section 440 which talks about anticipatory bail. Anticipatory bill is a direction to release a person on bail, issued even before the person is arrested.
In India, there are many kinds of offences such as bailable and non-bailable. So to define the bailable offences there is an Indian Statute that is CrPC. So in this statute section, 2(a) defines the bailable offences i.e., the offences which are shown as bailable under the first schedule by any other law for the time being in force. The first schedule of CrPC is divided into two parts first part deals with the offences which are mentioned in IPC and the second part deals with the offences under other laws.
In India, a private complaint can be filled by an individual under Section 156 of CrPC if the police refuse to file an FIR of a person. We can also refer a case of Sakari Vasu v. State of U.P. & Ors., in this case, the supreme court has given the judgement that id police officer is not filling an FIR then we can go to section 156 of CrPC and after that he can approach the superintendence of police under section 154(3) by an application by writing.
Any person accused of a crime will have to attend criminal trials to resolve the accusations brought against them, by another individual(s) or the state.
The CrPC lays down exhaustive procedures for conducting criminal trials in India while the IPC is the primary penal law covering most offences. A criminal trial in itself is a lengthy and complicated procedure which often goes into multiple phases, requires extensive preparation and might have unpredictable outcomes.
While it is the petitioner’s responsibility to prove the accused is guilty beyond doubt, it is crucial for the accused to be aware of their rights and legal defences during this process.
Our team of criminal law experts will assist you in making a promising appearance at trial with their expertise in evidence collection, written and oral argument construction and by helping you become aware of your rights. As clients, you can benefit from our past experience in such cases and be assured of a systematic approach towards addressing your case.
Appeals & Revisions
Appeals refer to the case judgements of those individuals that are undergoing re-examination due to further appeal from the original court. Revision is the very act of reviewing the appealed judgement.
Both the Civil and Criminal procedure codes contain provisions regarding appeals. However, in itself, they are lengthy and cumbersome and require exhaustive preparation as errors could further delay the process and make availing the judgement very difficult.
While appealing is a legal right of any party, revisions happen only if a court decides to do so. In most cases, revisions are done to cases that are not appealable. Hence as parties to a case, it is necessary to be aware of which avenue of legal recourse should be taken for maximum benefit.
Our team of criminal law experts will help assess your case and advice whether it can qualify as an appeal or will be restricted to a revision. In the case of an appeal, you can be assured that our experienced advocates will ensure you get the most out of your appeal, thanks to the methodical approach our advocates will take in handling your case.