sunil ramchandani
(Querist) 17 April 2010
This query is : Resolved
i have presented a bail application u/s 438{anticipatory bail} to session court but it refused.my client has been booked u/s 379,411,420 ipc.now i have two options 1} to surrender him to JMFC n move a regular bail but m not expecting bail from there as other accused r still in jail since last 8 months.only one accused is released on bail after 2 months from session court. 2] to apply to high court for anticipatory bail n if rejected surrender accused n again file a bail application in JMFC n than if rejected than to session court n then to high court
facts of the case are- several indica cars were stolen from diferent cities n states by 2 accused n were sold to my clients n they sold to third person by properly transferring it from RTO.even a NOC was given to them regarding indica cars sold to them.but afterwards they all were seized.thieves use to change the no.plates n engine nos n chasis nos.by welding new on them.they use to purchase accidental vehicles which were fully damaged n use to change engine no n chasis no. of stolen cars with their {damaged cars} engine no n chasis no. thus the vehicles use to be sold n transferred
but the issue is my clients r absconding since the seizure of vehicles.now their r 5 cases pending related to seized cars n in every case accused told that he use to keep vehicles for finance with my clients
pls give me guidance abt what should i do to save my client from going to jail.
if i will present anticipatory bail in high court n is rejected than will it create problem in obtaining regular bail from JMFC court.
REGARDING THE ANTICIPATORY BAIL FROM HC KINDLY NOTE THAT
1.YOU MAY ENCLOSE A CERTIFIED COPY OF F.I.R. AND CHARGESHEET IF RECEIVED AND APPLY SERIOUSLY TO THE HIGH COURT. PUT UP YOUR CASE STRONGLY AS YOU ARE NOT THE THIEF BUT YOU PURCHASED THE VEHICLE IN GOOD FAITH AND ALL SUCH VEHICLES ARE SEIZED AND NO RECOVERY PENDING HENCE ANTICIPATORY BAIL ON SUCH CONDITIONS AS COURT MAY ORDER .YOU WILL SUCCEED. 2 YOU MAY KINDLY BE PREPARED AS HIGH COURT MAY ASK FOR HEAVY AMOUNT OF BOND AND MAY ALSO ORDER FOR DEPOSITING CASH SECURITY. GOOD LUCK.
G. ARAVINTHAN
(Expert) 17 April 2010
Better you prefer Anticipatory Bail before High Court with the copy of FIR, Bail order- dismissing by Sessions Court, the Charge Sheet if any , copy of bail order by other accused too important to decide
Raj Kumar Makkad
(Expert) 20 April 2010
I concur with nandkishore
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