Bail for 409 & 420
Querist :
Anonymous
(Querist) 02 May 2010
This query is : Resolved
The accused is my close relative.
The accused is charged 409 and 420. The accused's anticapitory bail was rejected in sessions court and so the applicant moved to high court. The high court was inclined to reject the bail and so the accused was suggested by his lawyer to withdraw the Anticipatory bail application from the high court. The High Court accepted the withdrawal and ordered the accused to surrender before the appropriate court in period of 8 days.
The FIR was made in November 2009. The matter is due to dirty internal politics in one of the organisation due to which the accused is made a victim of harrasment.
Please suggest a way out. Is arrest inevitable? Will he get PC or JC or both? If yes what couuld be the period of PC & JC?
Can PC & JC be avoided or can the bail be taken on the same day?
Which Court will the accused have to surrender? Magistrate or Sessions ? for 409 & 420.
Any similar judgements for referance will be appreciated.
Please advice/help its urgent sir.
Guest
(Expert) 02 May 2010
NANDKUMAR B.SAWANT.M.COM.LL.B.(MUMBAI),ADVOCATE
MOBILE.9271971251,9960223100
e.mail.adv.nbsawant@yahoo.co.in
e.mail.nandkumarbs@sify.com
REGARDING THE ANTICIPATORY BAIL KINDLY NOTE THAT
1.ANTICIPATORY BAIL REJECTED BY SESSIONS COURT AND WIDRAWN APPLICATION FROM HC.
2.KINDLY NOTE THAT IN CASE ACCUSED SURRENDERS BEFORE THE COURT ,THERE ARE CHANCES OF POLICE CUSTODY OF ACCUSED.
3HENCE IT IS ADVISIBLE TO FILE ANTICIPATORY BAIL APPLICATION TO THE HIGH COURT ON CHANGE OF CIRCUMSTANCES AND BY ENCLOSING ALL RELEVENT DOCUMENTS INCLUDING RATION CARD, ELECTION ID CARD AND ABOUT HOUSE PROPERTY OF ACCUSED AND FAMILY OF ACCUSED TO PROVE THE FACT THAT ACCUSED WILL NOT ABSCOND.
4KINDLY NOTE THAT EXPERT LEGAL ASSISTANCE IN DRAFTING THE APPLICATION MAY BRING SUCCESS IN GETING ANTICIPATORY BAIL FROM H.C
4.IN CASE THE ACCUSED IS PREPARED FOR FIGHTING THE CASE THEN IN GENUINE CASES REMEDY IS AVAILABLE AT SESSIONS COURT/HIGH COURT/SUPREME COURT PLEASE NOTE.
IN CASE ANY URGENT HELP IS REQUIRED YOU MAY WRITE AND SEND DETAILS OR CALL
THANKING YOU.
GOOD LUCK.
YOURS SINCERELY
NANDKUMAR B.SAWANT.M.COM.LL.B.(MUMBAI),ADVOCATE
