420 and 406 of ipc
sajed
(Querist) 02 March 2012
This query is : Resolved
complainant filled complaint u/s 406,420 of ipc at Hyderabad.accused reside at Mumbai.After recording statement of complaint and 1 witness Magistrate issued summon . the question is which police will arrest accused Hyderabad or Mumbai or accused will come to court with advocate ? accused have to furnish surity weather he will get bail in 406 and 420 of ipc offence which are non bailable of fences?
Shonee Kapoor
(Expert) 02 March 2012
Hyderabad Police with the help of Mumbai Police in Mumbai.
Or in Hyderabad, w/o help of Mumbai police.
Anticipatory Bail is also possible in this crime.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
Raj Kumar Makkad
(Expert) 02 March 2012
Police of Hydrabad has been directed to make compliance of the order of the trial magistrate. Now it is to be seen by that police how to implement the order and produce the accused arrested before it.
Bail is a discretionary power of the trial magistrate. Nothing can be commented upon that right of the court.
PARTHA P BORBORA
(Expert) 02 March 2012
as the court has issued summons it is not necessery to apply for a pre arrest bail. just appeare before the court concerned on the date fixed. court shall not issue a warent of arrest unless & untill you remain absent without steps on the date fixed. you just need a bailor.
Adv.R.P.Chugh
(Expert) 03 March 2012
Challenge the issuance of summons against you - though it is a technicality - however as per S.202 if the accused resides outside the territorial jurisdiction of the magistrate - he has to postpone the issue of process/summons - and conduct a preliminary enquiry himself or direct an investigation. This is imperatively worded and is not complied with in your case.
prabhakar singh
(Expert) 04 March 2012
Adv. Bharat Chugh has rightly opined
