bail in cases under section 420, 467,468

Dear querist,

Bail will not be granted unless surrender to the court who has issued warrant. High court does not grant bail in routine manner, bail application should be first filled at the lowest court and rejection of bail accuse can move higher court for bail.

 

Everything depends upon fats and circumstances of each case.

 

Deepak Joshi & Associates

Djaa.legal@gmail.com

Mb/whatsapp +919456777600

 

 

firstly this is the case 420, 467, 471 of IPC. so police can't arrest any person in this case automatically. because the conviction prescribed in the section of 420 is 7 years only. so, police have to issue a notice to the accused as per the provision of section 41A of Cr.p.c. if police think that their are sufficient reasons to book the accused only then police can do so. arrest during investigation especially in these sections in not mandatory at all.

regarding bail.... accused has every right to pkace a vail petition to obtain a bail from the end of court. Court will consider the said petition after go through the case dairy and the submission of PP. however court will dispose the bail petition accordingly. if court become satisfied enough to reject the bail prayer then accused can go to the competent apex court to obtain bail.

hence you said that police officer not made arrest. this is not mandatory as I said in spite of that if you thought that police not investigated the facts properly why not you filed a petition for inaction of police before the high Court? ?

if you not satisfied with the chargesheet whatever filed by police you can place an objection before the competent court

It may be mentioned that according to the theory of Jurisprudence of the eminent jurist Kelsen (The Pure Theory of Law), in the legal system of any country there is a hierarchy of laws and if there is conflict between a higher law and a lower law then the higher law will prevail (sec Kelscn's The General Theory of Law and State). Even under International Law, hard law prevails over soft laws, accordingly, "No arrest can be made because it is lawful for the police officer to do so. The existence of the power to arrest is one thing. The justification for the exercise of it is quite another. The police officer must be able to justify the arrest apart from his power to do so. Arrest and detention in police lock-up of a person can cause incalculable harm to the reputation and self esteem of a person. No arrest can be made in a routine manner on a mere allegation of commission of an offence made against a person. It would be prudent for a police officer in the interest of protection of the constitutional rights of a citizen and perhaps in his own interest that no arrest should be made without a reasonable satisfaction reached after some investigation as to the genuineness and bonafides of a complaint and a reasonable belief both as to the person's complicity and even so as to the need to effect arrest." Thus, the reasons for the Poliuce not arresting the accused will play vital role in your query.