If bail is rejected then you should challenge order of Lower court before the HC
2) you have not mentioned grounds for rejection of bail by lower court
How to get bail in this
Hi one of my relative is arrested under 404.419.420.465.467.468.471.120b of ipc and the fir is done my a family member only claiming that a person on whom the shares are sold of 1 cores and we are fighting that the person is alive age 92 he return complain to pm office . Media and higher authority and sebi also that in two brothers 1 is died and 1 is alive but my family members are making two person 1 as I don't have proof and even My grant son who is 21 years old is been arrested police is involved with my family as I have adopted my grantson it is a shares matter in lower court bail is been rejected
Asked 8 years ago in Criminal Law
Religion: Other
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11 Answers
1. It appears that FIR is registered and if that is done then applying for bail is first step to be taken.
2.in cheating case getting bail takes time . Hence you will have wait till that time.
3. If your relative is innocent hen certainly he will justice but he will have to wait till commencement of trial.
4.The burden of proof lies on prosecution and since there is allegations which does not appear to be genuine then the acquittal of your relative is a foregone conclusion.
Hi, these are serious offences relating to cheating and forgery .the lower court will not give bail , and will untill chargesheet is field .. It is advised to apply bail in the high court ..
In this case it is not mentioned when the person accused under the given sections of IPC was arrested.However, in case the bail is rejected by the CJM , the bail application can be moved in the court of District Session Judge and in case the bail is rejected by the DSJ and move the concerned high court.
If magistrates court has rejected the bail, it can be filed in sessions court. Don't worry. This can be done. It's not so difficult as you project it.
Please mention the sections and the grounds on which the bail has been rejected?
Also if the bail has been rejected by the lower court file a bail application before the HC, and mind it that the same will not be an appeal but another application for bail after exhausting the alternative remedy.
Regards
In fir three person name is there 1 arrested 1 took anticipatory bail and my grand father who is 92 years is wanted as per the fir In lower court the bail was rejected because 1 accused need to arrested who is 92 year And only my brother who is 21 is arrested as he was linked in joint bank account where the shares money came and the 40 percent money and 20 percent shares are in Demat account only and bank account If the person is fraud then he will remove Money and sale all the shares but the things were lying from 7 months in bank account as my grand father is wanted and we are fear that police might arrest him as police don't care for age even on the day of arrest he was in police station cooperating with investigation. My question is how to get bail already 40 days pass after arrest now we are approaching session court and accused is 21 year old student of media plz help
Asked 8 years ago
1) you have to take the plea that accused is only 21 years old with no prior criminal record
2) that accused is student in college and not likely to abscond or tamper with evidence
3) grand father considering his age would be granted bail by HC
Bail is a rule and jail is an exception.
Bail will be granted to you on he ground of age and on the ground of no previous case and that you will not escape.
If session courts reject the bail immediately move to the HC.
Regards
Hi
These sections are a serious matter but the bail can be applied in Higher court with the mention that co-accused has already been granted anticipatory bail. Your plea may be allowed.
Thank You
If the lower court has dismissed the bail application then you may approach the next higher court or even the high court directly seeking bail.
The court will look into number of days under custody and may weight the probabilities of the accused destroying the evidences if let out on bail, hence it may delay the same by a another stipulated period.
You may prepare grounds seeking bail and solvency to convince the court for getting them enlarged on bail.
If the police is not filing the charge sheet within 60 days then he is entitled for default bail on the same grounds.
Your grandfather's AB can be considered by high court if the high court is convinced about his age and non-involvement in the alleged. crime