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Lawrence William (Service)     26 December 2009

regular bail in 408, 420 467, 468,

MR X is  a sales manager. His ex employer lodged an FIR in Sept 2009 u/s 420/467/468/471 for mis-appopriation of funds and forgery. He moved to the high court for quashing the FIR. But got rejected, The HC also rejected A/B recently . Now he has decided to surrender . Please advise on the follows:

  • What will happen once Mr X surrenders?
  • How many day will they keep him in custody (approx)?
  • Can he get a regular bail in session..or  will he  have to move to HC?
  • What could be a time frame in session or HC?
  • What all things are to be born in mind to  make the legal process speedy for his early release?


Learning

 5 Replies


(Guest)

It's pity. The accused may file another anticipatory bail application after sometime once again and plead for bail on some condition. If he surrenders, then regular bail application has to be moved in the lower court / High Court. He should be in custody for a maximum of 60 days, if he surrenders/arrested. If the investigation is over and a charge sheet is filed earlier, his possibility of coming out of jail will also be earlier than 60 days.

J. SUBRAMANIAM (Central Govt. Standing Counsel)     26 December 2009

In General, if only section 420 IPC is charged, then there is no problem in getting Bail.  The section 467, 468 & 471 are grave in nature.  If there is a women accused, then getting bail is sme what possiable.

Quashing of FIR, Charge sheet, Conviction, proceedings etc ... can be done only in rarest of rare cases.   The Supreme Court periodically/heavily come down on High Courts to quash the FIR  by invoking Section 482 is unjustified.

You first apply for Bail before the Lower court and on rejection move the sessions court or high court.

Bail can be rejected, if the prosecution says that there are {materials used for incriminating} are yet to be recovered from you.

Regards,

J. SUBRAMANIAM Central Govt Standing Counsel 

 

subhash kumar (advocate)     28 December 2009

Dear , I agree with the answer of Subrahmaniam

Subhash kumar,Adv

Sankaranarayanan (Advocate)     29 December 2009

once more try for A/B after gap. during the same time if the police has arested then he has to bear minimum 60 days imprsison ment under judicial custody. mr subramaniam ,s points are agreed one,

 

gopi ramesh (asdf)     17 February 2010

what happen after the chargesheet is file after 7 yrs


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