Bail in IPC Section 420/34
Dear Experts Lawyers i need your kind advice on the case against my cousin he is being charge under 420/34. He had surrendered to Police; in Oct 2014 now sent to Jail in Thane his bail apple had been rejected by Section Court. Now please advice what are the bail options, the case facts are he is a victim of business revelry he had big loss in travel business he was running also he has lost his house, vehicle and jewelery he was the sole bread earner for his family
Asked 3 years ago in Criminal Law from Mumbai, Maharashtra
1) Need to see the order of the sessions court to see why bail was denied.
2) You need to immediately approach the High Court to apply for a bail now
3) Be prepared to furnish cash bond and personal sureties.. For offence under the given sections you shouldn't have problem securing bail.
1. What is the case? What are the allegations against him?
2. Why has the bail been rejected by the Sessions Court? What are the objections put by the P.P.?
3. File a Bail Petition before the High Court establishing that he will not run away, he will not tamper with the documents and he will not influence the witnresses.
Your case is a cheating case involves some amount of money. So you have to prepared for a cash deposit as a precondition for bail.
you are telling that the bail application is dismissed in the Sessions Court, so you have to move the High Court for the Bail, otherwise you can move the Sessions Court again with change of circumstances. You have to satisfy the court that you will be ready to obey the orders of the court and to face the trail.
1. 420 is a non-bailable offence, but if the investigation is over you should take an undertaking and seek bail.what is the case .
2. Depending on the facts fo the case you should try in the high court. agree for the bail conditions and undertake not to interfere or influence the investigation .
3. if your present advocate is not trying bail in high court get an advocate from mumbai and try bail. If needed help please contact.
4. what about the charge sheet, is it filed, if not you should seek bail on this ground too after 60 days
File regular bail petition before hc with the facts and circumstances of the case with the help of a lawyer of your choice.
Reffer the sc/hc judgments regarding the grant of bail and which are relevant to the case.
Advocate, New Delhi
1. Since his bail petition has been dismissed by the Sessions court the only legal recourse available to him is to challenge in the High Court the order of the Sessions court.
2. The grounds of bail to be taken before the High Court can be determined only after the perusal of the order of the Sessions court, the objections filed by PP and the allegations leveled against him in the FIR.
3. HC alone can give bail to him now.
1. In business rivalry of this nature getting bail is not a big difficulty.
2. Ajs him to to apply for bail u/s 438 crpc in high court. It is expected to be allowed.