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Vikas (     15 March 2011

bail rejected 406

dear sir/ madam

my brother and fateher vowed a man 5 lac rupees which with interest is now 8 lacs. he charged a false case of travel agent 420 on them which was later dismissed. he also filed 406 and has got my brother arrested and is in jail.  today at the trial court his plea for bail was rejected as judge categorised it as high amount to grant bail. next they will file for bail in session court. I want to know how long does it take for sesion court to take decision? my father is hiding to avoid arrest, will he have to file for bail separately?

Also according to what I hv read on internet the 406 cannot be put in jail? this is very confusing, if the 420 case was proven to be wrong and only case is 406 why is my brother in jail?

please help, it is a very difficult situation for family.

 7 Replies

prashant pundhir (Criminal Lawyer)     15 March 2011

Dear Vikas,

                      420 is cheating and dishonestly inducing delivery of property and 406 is crimininal breach of trust . Both are totally different . No doubt that the bail should not be rejected on the ground that the amount is very high . Defenitly the session court will grant the bail as it is an offence trial by megistrate and not a major crime .The dissmisal of the case of 420ipc will help you here . Session court will not take much more time in deciding the bail application . Move your father's bail application seprately and after the bail of your brother as here will be an additional and strong ground for him . I don't know that from where you read that in 406 court can not send you and keep you in jail . It's not true . No doubt the lower courts hesitates in non-bailable matters , but not the session . So move bail application strongly and with all the facts .May be you can get the bail same day if there is not any strong objection from the procecution . Otherwise in 2 or 3 days .

1 Like

Vikas (     16 March 2011

Thanks a lot Mr Pundhir for your kind advice, it certainly reassured me. I guess the oppositte party also realised the weak state of their case and is requesting compromise now, family is looking at what should be our decision.

We have filed the application for trial at the session court today and are only hoping to get trial on monday, may be friday is holi off, not sure.

I think this forum is very helpful to people like me who hv no knowledge of law. Thanks again 

Vikas (     17 March 2011

Dear Mr Pundhir

My brother has got the date for session trial on the 26th march, we were hoping to get a sooner date so felt pretty gutted. Also is it that even if we gor for compromise with oppositte party my brother still has to remain in jail until the next hearing?

the man of oppositte party is very shrewd and is trying all ways to further harass us, even with compensation he is asking for huse sum, adding ridiculous rate of interst to it.

My family does not have that money. waiting till 26th means that not only my brother has to remain in jail, my father has to remain hidden and also we are very scared that what if bail is again rejected? say if bail is rejected on 26th and than we compromise would we have to again wait for next trial for my brother to be released?

I will be very thankful if you guide me regarding above queries.



Vikas (     28 March 2011

please help

today the bail was rejected in session court, do not know the reason yet , will know tomorrow. lawyer feels it may be again due to amount of money but not sure. everyone was assured of bail but .......

next step would be appying in high court. my question is

1) is there way of getting date of high court trial early?

2) what are chances there?

 my brother has been in custody 20 days now for 406?

DEFENSE ADVOCATE.-firmaction@g (POWER OF DEFENSE IS IMMENSE )     28 March 2011

It all depends on the complaint.

prashant pundhir (Criminal Lawyer)     28 March 2011

Surprising Vikas,session rejected the bail in 406 , just trial by magistrate ! I am sorry to say that perhaps your case was not putted properly otherwise amount does not any matter . 406 is 406 either of 1rs or 1 crore rs. At the most ,the session may increase the amount of surities at per the amount of the offence .

Any way ,now you have the option of High court .The answer of your question are-

1. The fresh apllications are always listen on priority At High court ,do proper care as your application may not be listed .

2. Engage specialist criminal lawyer for bail .

3. It is matter of bail from session , I am unable to understand that why sessin rejected ? Any way, no doubt you will get from High court .

Vikas (     30 March 2011

Thats right, we were shocked as well as hopes were very high.

today got the order from the court (made us wait 3 days for it) , reasons listed by the Judge

1) AB rejected at high court

2) Signature of my brother on the cheques given to the other party which bounced. This is not true, there is only my fathers signature on cheques not my brothers? but it seems we cant question this verdict ubless heard in high court. infact my father wrote 'byana' of 2 shops he owns to other party in return for his money which he did not do registery for, we had all intentions of paying his money, he is purely harassing the family.

it is a very harrassing system, my family is suspecting the Judge decision may have been influenced politically though many people say he is very honest judge, who knows?

thanks for ur support and advice, we ll try and get good lawyer at the earliest.

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