Bail

Mukesh Gupta (Querist) 04 October 2011 This query is : Resolved
This is regarding arrest under Section 120B Cr.P.C and 420, 467, 468,471 & 472 where a CA professional is entangled by the main accused named in FIR. Ca is not named.Some forged documents have been found from custody & premises of main accused. Nothing found from the person & premises of CA.CA in Judicial custody. 36 days. Bail asked for, denied 20 days ago. What is the best remedy.The documents alleged to be forged & found from main accused pertains to bank loan letters & not loan santion letters.

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Daksh (Expert) 04 October 2011
Dear Mr.Mukesh Gupta,

In the facts and circumstances at hand it the best remedy would be to wait for filing of chargesheet and keeping in view the long term strategy the best thing is to wait and watch.

Best Regards

Daksh

Guest (Expert) 04 October 2011
better go for appeal against the bail order before higher courts. The offence is triable by Judicial magistrate if dismissed by J.M file it District court. or go to highcourt.

Arun Kumar Bhagat (Expert) 04 October 2011
Apply bail u/s 439 before Sessions Court.

Shonee Kapoor (Expert) 04 October 2011
Mostly the bail won't be granted till chargesheet is filed.

However, the remedy lies in appeal only.

Regards,

Shonee Kapoor
harassed.by.498a@gmail.com

Shailesh Kr. Shah (Expert) 04 October 2011
It is advisable to go for appeal.

Sankaranarayanan (Expert) 04 October 2011
yes only by way of appeal is the solution of your query

prabhakar singh (Expert) 04 October 2011
appeal is the only option if in custody and do not want to wait for charge sheet.

Raj Kumar Makkad (Expert) 04 October 2011
Bail is the discretionry power of judicial officer but discretion should be judicious. So you have no remedy but to move to further higher court seeking regular bail.

Mukesh Gupta (Querist) 06 October 2011
Can a bail application filed in High court be withdrawn at any point of time.
If a bail application is filed in HC, can one file bail in session also.What can be the repercussions.

DEFENSE ADVOCATE.-firmaction@g (Expert) 06 October 2011
Now the recent direction OF SC is that the bail is rule and jail is exception. But lower courts are still reluctant to grant bail so you have to go to sessions court, HC and if matter is big even to SC.

Pl go through the recent MEHTRE case in this matter by SC posted by me in files section.

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