Asked September 04, 2016

Bail for attending family member's wedding

  • 1 Answer

Dear Sir, my paternal grandfather is in jail as a convict for committing murder. His grandaughter's wedding is due in next 2 months. Is there any way that he can get bail ? What's is the procedure?



Answer 1

Once someone is convicted of a crime, it's even more difficult to obtain bail but not impossible. The presumption of innocence no longer applies. However, in your case, the bail requirement can be argued not from the point of merits of the case but to meet an emergency family condition.


If your paternal grandfather's appeal is pending in the appellate court, then he may apply u/s 437A of the Cr.P.C. or u/s 389 Cr.P.C. to the appellate court for grant of bail pending the disposal of the appeal. However, this is subject to the discretion of the appellate court and is not a matter of right. He can seek appropriate directions from the High Court / Appellate Court by filing Misc Criminal application in the present appeal against conviction to give him bail to attend his grand daughter's wedding or make preparation's thereof. 


 If no appeal is pending in the Appellate court, your grandfather can apply for Parole/Furlough under the prison rules / guidelines and ask for either Custodial Parole or Non-Custodial Parole - as Parole / Furlough is to be given by Jail authorities to enable the convict to maintain social ties and is also given for marriage of any of his relatives. We have to see the Jail rules in this regard as normally a convict has to spend one year in Jail before being eligible for parole / Furlough. Your paternal grandfather will stand a better chance to apply for parole /Furlough for some days to attend the wedding of his relative if he fulfills the parole conditions. If the parole is not granted by the prison authorities, that order can also be challenged in court.  


Hope this helps. 

Agree Comment 0 Agrees about 5 years ago

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