Bail granted in criminal case: Advocate Ravi Drall, Best Criminal Lawyer
Bail granted in criminal case where Advocate Ravi Drall, a Criminal Lawyer, represented the accused. The Hon’ble Sessions Judge at Tis Hazari Court in Delhi granted regular bail.
As per the case of Police accused along with other co-accused persons came on scooty and looted amount of Rs. 1.25 laks from the victim after showing him pistol. After registration of FIR, police checked all the CCTV installed at road and upon som secret information co-accused were arrested and upon their disclosure statements the present accused was arrested. During the Test Identification Parade, the complainant identified one of the co-accused, but his statements were found to be contradictory. The FIR stated that the complainant was carrying Rs. 2 lakhs, but during the investigation, he claimed to have had over 10 lakhs on his scooty.
The complainant alleged that the accused intercepted his scooty at gunpoint, took the money, and left the scooty a few kilometers away. Advocate Ravi Drall argued that the manner of recovery is disputed and the accused was not seen anywherein CCTV replied upon by the investigating agency. It was further argued by Advocate Ravi Drall that offence U.S 397 IPC is not made out against the Accused person as no recovery of weapon has been made from him and it is settled preposition of law that provisions of Sec. 397 IPC are attracted only against the person who “uses” the weapon during he crime.
Section 395 in The Indian Penal Code
439. Special powers of High Court or Court of Session regarding bail.
(1) A High Court or Court of Session may direct-
In case, Ashok Sagar v. State (NCT of Delhi) – 2018 SCC Online Del 9548, the Hon’ble Supreme Court has held that imprisonment of an accused during the course of investigation and trial is not meant to be punitive and the requirement of arrest at this stage is only to secure the cooperation of the accused and to prevent any potential prejudice being caused to the investigation if it is shown that such prejudice is likely to be caused. If no such apprehension exists, there can be no reasonable ground to arrest the accused, as incarceration would then assume a punitive avatar.