Bail against u/s 420/467/468/471

Querist : Anonymous (Querist) 27 December 2010 This query is : Resolved
Against chargesheet u/s 420/467/468/471 , BW has been issued against the accussed for appearance. But for bail, my counsel is stating that these offences are non-bailable and bail application shall be rejected by the lower court even it is very strong case because lower court do not grant bail in such cases and reject the application outrightly without going into merit of the case. He also suggested that in that case accussed will have to go to jail till his bail is accepted by DJ/Session court. Is this correct that lower court do not consider the merits of the case under these offences OR can we file bail application directly to session court. What are the remedies to save the accussed from going to jail if his case is highly meritious.

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Bhawani Mahapatra (Expert) 27 December 2010
Dear
We have not gone through the materials on record. So its better to go with your local counsel.

Arvind Singh Chauhan (Expert) 27 December 2010
Your lawyer may know the trend of the court better. You may not file bail application directly in session court. If you feel the case is in your favour, why don't you approach to HC under 482 Cr.P.C.

Guest (Expert) 27 December 2010
NANDKUMAR B.SAWANT.M.COM.LL.B.(MUMBAI),ADVOCATE
MOBILE.09960223100, 09271971251
e.mail.nandkumarbs@sify.com
e.mail.advocatesawantnb@yahoo.com

REGARDING THE COMPLAINT FILED UNDER SEC.420.467,468, 471 OF I.P.C.AND WARRANT AGAINST ACCUSED KINDLY NOTE THAT.
1.A COMPLAINT IS ALREADY FILED .SECTIONS ARE NON BAILABLE.HENCE J.M.F.C.COURT MAY ORDER THE POLICE TO ARREST AND TAKE ACCUSED IN POLICE CUSTODY.WARRANT IS ALREADY ISSUED.ACCUSED MAY BE HARASSED BY POLICE AND MADE TO ADMIT CRIME FORCEFULY.
2.IT IS ADVISIBLE FOR ACCUSED TO APPLY TO SESSIONS COURT FOR ANTICIPATORY BAIL AND INTERIUM ORDER IN THE SAME.COURT WILL HEAR THE ADVOCATE AND BASED ON DOCUMENTS PRODUCED IN COURT PROVING INNOCENCE OF ACCUSED AND CONSIDERING THE SAY OF POLICE ,COURT MAY PASS JUST AND PROPER ORDER.IT MAY ALLOW THE ANTICIPATORY BAIL AND ACCUSED SHOULD SUBMIT SURETY DOCUMENTS AS PER SAID ANTICIPATORY BAIL ORDER TO THE POLICE STATION.THEN HE CAN NOT BE ARRESTED BY POLICE.
3.BUT IF SAID APPLICATION IS REJECTED THEN ACCUSED CAN FILE AB APPLICATION TO THE HIGH COURT.
4.THE ACCUSED CAN FILE WRIT PETITION TO THE HIGH COURT FOR STAY AND QUASHING THE SAID FALSE CASE AGAINST THE ACCUSED.HE WILL SUCCEED.
IN CASE ANY URGENT LEGAL HELP IS REQUIRED YOU MAY WRITE OR SEND DETAILS .GOOD LUCK.

s.subramanian (Expert) 27 December 2010
Try your chance in the lower court. If it is not granted,then only you have to move the High court.

Devajyoti Barman (Expert) 28 December 2010
If the chrge sheet is filed then there should not be any difficulty to get bail. Get in touch with an advocate who deals in this type of cases.

SANJAY GUPTA (Expert) 28 December 2010
in your case chargesheet had been filed and court issued bailable warrant of arrest, it is advisable to surrender before the lower court from where the warrant had been issued and apply of bail, as the warrant is bailable, you will get the bail after surrendering.