rejected bail application under section 420

Dear Mr Surender, 

Your query states that your friends bail application for offence u/s 420 IPC is rejected. Since you have not mentioned therefore I will assume that the bail is rejected by Judicial Magistrate/Metropolitan Magistrate. Do not panic and do not file another bail application again. There will be no use.  It will also be rejected.

If the bail application was dismissed as withdrawn then file Bail Application again to the Magistrate within 7-8 days. If the bail application was rejected then file Bail Application to Session Court within 7-8 days.

The general principle governing bail application is bail is the rule and jail is an exception. Eventually your friend will get bail. 

Regards

Shubham Bhardwaj (Advocate)

District & Session Court, Chandigarh

Punjab & Haryana High Court, at Chandigarh

 

 

Disclaimer:- The opinion is only for guidance.   

 

sir CMM at Mumbai rejected bail application and session court also rejected bail application what to do now 🙏🙏🙏

Dear Mr Surendra, 

Now since the Session Court has already rejected bail, the next option is to approach the High Court. But I would advise to wait for some time (depends on when the bail was rejected by Session Court. Generally one should wait for 7-10 days after rejection.

If in the mean time police files charge sheet, then apply for bail immediately.  Further your friend may also become eligible for default bail u/s 167 Cr PC if police does not file charge sheet within time provide therein. In such case, one must file for bail immediately on completion of time. In the above 2 scenarios you may approach the Session Court again. If it gets rejected again, then approach High Court. 

The basic principle governing bail is that bail is the rule and jail is the exception. This means that normally courts should grant bail if investigation agency does not require custody of the accused. Further, if there is no flight risk of accused running away, then bail should be granted. 

Regards

Shubham Bhardwaj (Advocate). 

 

 

should I apply for interim bail in session court ??? my friend was arrested on 14 may when will be chargesheet will file ??? according to law I hve asked to IO said me that he will file within two months ... it means my friend will be in JC till two months.. I think in Bombay Hight court for grant of bail I think it will take too much months ....?? I think I hve to wait till chargesheet is filed what u say sir ????

Dear Mr Surendra, 

Please note that Section 167 of Code of Criminal Procedure 1973 allows the investigation officer to file charge sheet within  60 days in cases where the punishment for alleged offence is less than 10 years. If the IO does not file charge sheet within 60 days from date of arrest, the accused is given default bail if a bail application is presented. Your friend has been arrested under section 420 IPC for which the maximum punishment is 7 years.  In the present case your friend was arrested on 14th May 2021 (as informed by you), therefore the time for filing charge sheet will get over on 13.07.2021. Therefore, your friend should apply for default bail under section 167 Cr PC on or after 14.07.2021. 

However, if IO files charge sheet before that then immediately file bail the next day on the ground that no purpose will be solved keeping the accused in jail as the trial is about to begin and there is no flight risk.  

 

Regards

sir for bail where we have to file if IO submit charge sheet before in 60 days ....or at 60 days where I have to approach for bail in session court or HC pls guide me I will be highly obliged for u 🙏🙏🙏

In both the scenarios, you may first approach the Magistrate because the case is triable by the magistrate.  Although the Magistrate will not reject the bail application on grounds as advised but in case he does then approach the sessions court. 

The reason for again going to magistrate for bail is because in change of circumstances a subsequent bail application is maintainable before the trial court. In such cases the Session Court may say 'why have you come to me when the magistrate can grant bail.  

Different court follow different practices some times. Your local counsel may be able to guide better on this aspect that whether to approach the Magistrate or session. But note that both are competent to grant bail on the grounds as advised by me in above opinions.

Regards

sir may I approach for interim bail application in session court what u think ??? My advocate say If we will go to HC in Bombay it may take some months .... for approaching HC in this situation after rejection bail from Session court it help me to approach HC MY Friend will get relief from HC ... Pls say me or HC will say that chargesheet is not file By IO then y u approach here for bail ... let wait for IO to file Chargesheet then u apply in Session court against or in Magistrate court Or HC will grant bail to my friend on what ground HC will give me bail if I approach what u think sir .... if suppose high court passes direction for lower court then my money will be waste ..... what u think about this pls guide ..... ?? it mean my friend will be in jail till end of July bcoz arrested on 14 may .... whatever wil be happen after chargesheet only ... what can I do now to get him bail any another option except HC and Chargesheet ??? 🙏🙏🙏

What is the opinion of the advocate that was filing bail applications so far   What is the actual complaint and facts on such Sec.420 was filed and bail was rejected?

Dear Mr Surendra, 

If your friend was arrested on 14th May 2021, this means as on date he is in judicial custody and not police custody because police custody cannot exceed 15 days under IPC offences in many states. In some states it is 30 days. In any case your friend is in judicial custody. Therefore, this means that now he is not required by police for investigation on day to day basis. 

In such a scenario keeping the person in jai is pointless. 

File Bail Application to Session court u/s 439 Cr PC. 

 

Regards

You have already been obliged and advised adequately by experts on this platform, despite the fact you have posted facts in bits and pieces for and on behalf of your "friend" who have already engaged and paid an able, competent and intelligent lawyer.

Proceed as advised by the counsel engaged by accused who is well aware about the facts and circumstances of the case

No point in stretching this thread. 

If the bail application has been dismissed by both the trial court as well as he sessions court, then you can approach high court with a bail application enclosing the copies of the dismissal order of the sessions court and place your arguments properly  on the basis of the documentary evidences you rely upon to get your friend enlarged on bail.