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Lawrence William (Service)     23 December 2009

Regular Bail Advise

Dear Experts,

Mr. X was accused by his previous employer under 467, 468,406, 420, 114,- B before three months. he  went for quashing but failed , Ihe was even denied A/B by HC.Now  he is planning to surrender and go for a regular bail. The opponents are tycoons and are able to manage the systems well in advance.Poor Mr X is worried about his future once he surrenders.Pl advise on follow:

What will be the first to last step his has to face by police and court, how can he get a bail. The apponents have not yet given any proofs against Mr X ( because this is a made up complain). How soon can he get relief and how?. How soon may the charge sheet be filed?

Any guidance on how could he stay in jail (under trial) till he is free?

 



Learning

 5 Replies

HABIB (STUDENT)     23 December 2009

The charges are very severe one has to move to session court for anticipatory bail,

N.K.Assumi (Advocate)     23 December 2009

Get a good prominent criminal lawyer first.And he will do the works that is right for your client. There is no need to play the game of hide and seek with the law.He may be innocent but a case against him has been registered, so be courageous with his innocence and fight the case. Your lawyer will ofcourse get him bail after surrendering in the court.All the best.

Jatin Sapra 9312223345,Delhi (Advocate)     23 December 2009

Hi,

Mr. Wilson as per ur breif u had been denied bAnticipatory by HC. This is right step to move trial court and surrender.First of all after filing an application surrender or surrender cum bail application and narrate all  facts in that.It will take some time as police will seek his remand and bail can be heard only when the accused will be in judicial custody. Further only after  this the court whether tril or Sessions will hear you on the grounds .

Jatin Sapra 9312223345,Delhi (Advocate)     23 December 2009

That  other queries are very much depends upon the facts and the seriousness of the offence and i further eloborate its entirely depends upon the facts of tha case and the bonafide of the accused involved.

N.K.Assumi (Advocate)     23 December 2009

Wording in 438 CrPc is High Court or Session Court: Judicial discipline is that you moved the Session Court first but you have moved the High Court and rejected. Surrender and pray for regular bail.


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