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kkbhatt (dfdf)     08 October 2010

Regular Bail - 420, 463, 467,471

Hi Guys,

Need help!!!

My uncle was a govt accountant and now retired. In last weeks of his job he has been falsely caught in a fraud case related to some construction work. His duty was limited and as I've discussed with many lawyers his role is very very minimum in whole case.

The other 3 main persons involved in scam got regular bail last month. My uncle has not surrender himself as of now. He is very scared from going in to custody as he has been honest and loyal person through his life.

He applied for anticipatory bail in session court but rejected then he went to Gujarat High Court but judge wasn't ready to give A/B so his lawyer has withdrawn the application. I think he has good chances to get regular bail as now other two main persons are free on bail.

As per lawyer looking at his role and situation he should get bail in session court itself but the judge in session court doesn't grant bail to anyone.

So now what should I do so he has to stay in custody for minimum period. He has heart condition too so his family is worried if going in custody create more serious health problem for him.

Moreover how many days does it take to proceeds reguar bail application in High Court? As we are approaching Diwali vacation starting from 1st Nov, 2010, are there any chances we can get bail before the vacation?

Any help is much appreciated.. I am totaly confused now.

Thanks.

 

 

 

 

 

 

 



Learning

 6 Replies

Sarvesh Kumar Sharma Advocate (Advocacy)     08 October 2010

bhatt ji,

bail is discretionery power of d court.

however in all i don't understand dt chargesheet has filed or not?

if not than 482 cr.p.c. in highcourt (arresting steay) will the better remedy.

or u can take same day direction for dispossal of bail by high court.

kkbhatt (dfdf)     08 October 2010

thanks for prompt reply, mr. Sharma

Yes, charge sheet has been filed and other 3 people who were involved in the scam and took all them money have got regular bail from high court.

In charge sheet, police showed my uncle as absconding as he was trying for A/B.

It would take atleast a week in Session Court to apply for regular bail and get rejection, then most probably around 17th we apply for regular bail in high court.

Bear in mind diwali vacation is starting from 1st, how are the chances we get regular bail from high court before 30th? How long does i take for high court to decide?

I knew that high court will also call police for afidavite.. what if police doesn't attend the court on given date?

My uncle is innocent, tired, retired, poor and sick.. don't think he can bare a month in custody..

please let me know more about same day direction? what are conditions for that and how to apply?

Thanks

 

 

 

 

adv. rajeev ( rajoo ) (practicing advocate)     08 October 2010

if you filed the bail application public prosecutor will have to file an objections.  Your advocate knows how to takcle with PP. So it is better apply as early as possible.

DEEPAK ASSOCIATES (08010117611)     08 October 2010

The time in the HIgh court is P&H is more than 30 days or at least 25 days. As per your version it seems that your uncle will get the bail from session court.

As regards to custody period it is not possible to ascertain. I think minimum Police remand may be at least 2 days or 3 days as the main culprit have been chargesheet so the bail may be granted by the session court.

Arun Kumar Bhagat (Advocate (criminal))     09 October 2010

You apply again in sessions court for anticipatory bail showing the ground that the Charge-sheet is submitted and other accused persons are on bail. If you do not succede then apply in High Court for anticipatory bail. Alternatively You can directly file Revisional application for quashing in High Court.

Nitish   09 September 2018

 

 

How to get Bail in 420 IPC?

Getting bail in 420 IPC is difficult task there is provision of pre arrest bail i.e anticipatory bail in 420 and post arrest bail in 420 i.e the regular bail.

Anticipatory Bail in 420

The main consideration judge takes while granting anticipatory bail in 420 is the existence of Prima-Facie case. That means if on the face of it there seems to be fraud or cheating without going to analysis of evidence if there is fraud then court can decline bail to accused. Bail in 420 then granted on stringent condition of pre deposit of money.

Its advisable to engage a competent criminal lawyer once a criminal complaint or FIR has been lodged. Once engaged, a suitable course of action including application for pre-arrest notice, notice bail or anticipatory bail can be decided upon.

Once decided, the Lawyer would draft an anticipatory bail mentioning the reasons for bail application and your version of the facts surrounding the matter. Application for bail is then made at an appropriate Sessions Court.

When the matter comes up for hearing, the Lawyer must appear and present the case. If the judge sees the case as fit, anticipatory bail is provided to the accused. In case anticipatory bail application is rejected in the Sessions Court, application can be made in the High Court. If the High Court also rejects the bail, application can be made in the Supreme Court.

Anticipatory Bail in 420 Conditions

While granting , the Court can impose one or more of the following conditions based on the facts of the particular case:

  • Be available for interrogation by the police officer, as and when required;
  • Person shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the court or to any police officer;
  • Person shall not leave India without the previous permission of the court.
  • Pre deposit money

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