420 and 120b
Zaheer Shaikh
(Querist) 06 March 2015
This query is : Resolved
Sir my friend is been arrested by the vakola police station under the charges of 420 and 120 b. There r 3 accused mentioned in the FIR n he is the 3rd accused. The 1 and 2 accused are not been arrested by the IO and they were asked to give the statement n let off. How I should get the bail for my friend and from which court.
Anirudh
(Expert) 06 March 2015
Dear Mr. Zaheer,
If you do not even know from which court you have to obtain the bail, and how to get the bail, honestly speaking, you are incapable of handling the case and you should advice your friend to look for another criminal lawyer in your locality.
Zaheer Shaikh
(Querist) 06 March 2015
Sir the case right now is in metropolitan court and he is in jail custody. His next date is of tomorrow I.e. 7th March.
Anirudh
(Expert) 06 March 2015
Then you know in which magistrate's court the matter is coming. Obviously you have to move the bail application only in the said magistrate's court.
Zaheer Shaikh
(Querist) 06 March 2015
Thanks sir. But do the magistrate have the power to give him the bail or I should move to session court. The currently it is in Bandra Metropolitan court. I just want to know whether I should wait in magistrate court or move to session court as he is in the Jail custody for more then 1 month.
Anirudh
(Expert) 06 March 2015
Have you ever moved a bail application before in this case? if so, with what result? what were you doing for the past 1 month? are you not having any friends in the profession where you practice? have you shown the papers to them and consulted them? If not why not?
Zaheer Shaikh
(Querist) 06 March 2015
Sir the investigating officer is not arresting the other 2 accused who are mentioned in the FIR and as per the FIR they are the main culprit and he has just taken their statement and let them go. In the last date which was on 25th Feb he as asked for some time and the magistrate gave him the time till 2nd march to file his reply. In this time he has not filed any reply and on 2nd March the date was given 7th march. Sir the IO is just taking time and as the accused in jail custody how he can make further investigation. Sir he is asking for money also.
Zaheer Shaikh
(Querist) 06 March 2015
Sir we have already moved for the bail application and in last 3 dates the IO is asking for time. The bail application is pending in the magistrate court. The IO always ask for some time whenever we move the bail application.
Zaheer Shaikh
(Querist) 06 March 2015
Sir I want your help n guidance how to get out of this problem
Anirudh
(Expert) 06 March 2015
When you had already moved a bail application, you should not have asked in your first query as to in which court the bail is to be moved.
If you are unable to counter the IO and convince the magistrate, better engage a senior whom you know.
No more reply from my end.
Guest
(Expert) 06 March 2015
Dear Anirudh,
Zaheer seems to be a student, not a practising lawyer and his query seems to me as an academic query, when he does not know even the very basic things of the criminal law. Moreover, even his profile suggestrs her as a legal advisor, evidently not practising as a lawyer.
Zaheer Shaikh
(Querist) 06 March 2015
Yes sir. That's the reason I m asking for ur experts view. Sir I just want to know whether magistrate court do have power to give bail in 420 and 120B or I should I try in session court
Vidhi Joshi
(Expert) 06 March 2015
Submit the bail application if rejected approach HC
Rajendra K Goyal
(Expert) 07 March 2015
Take assistance of some senior lawyer and arrange for the bail.
Devajyoti Barman
(Expert) 07 March 2015
Go for bail u/s 439 in sessions court. The magistrate can also give bail u/s 437 croc but it would wait till submission of CS.
ajay sethi
(Expert) 07 March 2015
consult a senior lawyer and act as per his guidance
T. Kalaiselvan, Advocate
(Expert) 10 March 2015
If you dont want to understand the opinions and views of experts here, it is better you approach a senior lawyer in the local instead of wasting time posting the query in a repeated manner. If the magistrate court is not inclining to give a decision in favor, you may ask the court to dismiss the application and move afresh before the sessions or high court.
