100 %they may file a 482 application for quashing the chargesheet in which they may get an interim order in which proceedings may be stayed because the section u have referred relate to fraud cheating or some land disputes maybe

involved.

In allahabad highcourt Contact a lawyer give him instructions so that oppose may made.

U can contact me too I practice at allahabad highcourt.

1. If the police will deem fit then they must be arrested, otherwise they will have to obtain bail.

2. They might challenge the charge sheet under sec 482

3. Trial will take 3-4 years to conclude.

4. It will jsut help the main accused in getting bail on the ground of age, but that is not the sole ground.

5. Age is not the sole criteria for granting bail.

Regards

Grant of bail and trial are 2 different issues. If you find that they are arrested and have applied for bail you can file an application for intervention and object to the grant of bail.

The duration of trial period will depend on the number of matters pending with the concerned court, the availability of documents, presence of accused, complainant, witnesses etc.etc.

Further age can be a factor for consideration in the grant of bail

They r likely to get bail which is the discretion of LD court. The lasting of trail can not be said

1) they would be released on bail

2) quashing under section 482 cr pc is to be done only in exceptional circumstances

3) trial may take10 years or so depending upon pendency of cases in trial court

1. It appears they high court has stayed the arrests.

2.If so then the police can complete the investigation which they have done so.

3. After submission of charge sheet the police cannot arrest the accused anymore unless the court issues warrant of arrests.

4.In any event after submission of charge sheet the chances of a=getting bail on surrender or on anticipatory bail become bright.

5. SO in this situation I do not see much prospect of them getting bail.

I am not talking about bail , I am talking about stay order, I.e once they prefer a 482 application then they may get stay order I.e stay of proceedings.

The concept of bail is diff, bail is given only after arrest and in ur case till now no arrest has been made.

1. The accused has to either apply for regular bail or file a fresh 482, failing which he can be arrested.

2. How long will the trial take to culminate can be anybody's guess. It may take at least 2 years.

3. Elder age is a consideration that weighs heavily with the courts in India while considering a bail application.

4. The sections alone do not matter, the allegations mentioned in the complaint/FIR do.

It was typing mistake.

I meant to say 'not much prospect in getting their bail rejected'.

I cannot understand ur question. There is no mention that chances r bright for getting bail

The accused would be released on bail

They would not be placed on custody till trial

If he is released on bail then will he be an imminent threat to the society, if yes then bail will not be granted whatever the age is.

Yes please intervene in the bail and if the bail is granted then move an application for the cancellation of the bail.

I guess they will have to go to jail and then only the bail will be granted.

Regards

Challenge the charge-sheet in a section 482 crpc petition before the High Court.

Since you were earlier granted stay arrest by the high court, it is most likely that the Court will grant you the same protection this time as well.

Thus, your arrest could be stayed during the pendency of the trial with some conditions.

482 will definitely help, immediately approach the High Court.

Trial could last for 4-6 years.

GO for 482 first first.

Even if the judge rejects it, request him to give you the benefit of Lal Kamlendra Case and some protection till the time you surrender.

Bail is generally given after filing of chargesheet. Chances of arrest at this stage is negligible as investigation is over. The trial can go for years as per the burden of cases on particular court and witnesses tried and their examination. 482 crpc is for quashing. They may approach high court for the same. Depending on merits the HC will receive the same. Bail is generally given and for senior citizens court is slightly sympathetic.

So will they get bail or be arrested? if charge sheet filed, then they will be enlarged on bail and summons will be served to attend the trial.

Will 482 help them? Yes, to get the case quashed if the case is an abuse of process of law.

How long or fast can the trial be? Depends upon the police and PP who has to get all the witnesses without delay.

Will it affect that the main accused is 73 years of age? Will he be granted bail because of age? He will be granted bail considering his age.

1. So will they get bail or be arrested?

A: Arrest and grant Bail immediately, BUT at the discretion of the MM /Judge.

2.Will 482 help them? Because its a document based fraud and that too registered documents i m confident they will be found guilty.

A: 482 would help them. It is the MM/ Judge's discretion to pronounce Acquittal /Conviction, based on the Trial proceedings.

3. How long or fast can the trial be?

A: In India, that is not possible to ascertain the period of Trial. Crores of court cases are pending. Tentatively it takes anywhere from Two years to Twenty years.

4. Will it affect that the main accused is 73 years of age? Will he be granted bail because of age?

A: Bail is the right of Accused, in almost all cases, barring few matters. Age has got nothing to do with Bail.

Keep Smiling .... Hemant Agarwal

1. Getting bail will depend ion how they present their arguments in this case.

You may file an intervene petition and record your objections as a defacto complainant agaisnt the bail application.

2. In 482 petition you will be served with a notice to record your objections, if any, you may oppose the same strongly.

3. The time taken for disposal of the case cannot be predicted owing to various factors involved in it.

4. It depends.

5. Possibilities are bright

Sir in point 4 you say chances of getting bail become bright which means more likely. In point 5 you say So i do not see much prospect in getting bail. What is your opinion of the likely. Under these sections are they going to be denied bail and arrest warrants issued or oweing to senior age of accused be granted bail and case goes to trial? Ofcourse i will try to intervene bail. So bail or warrants? After summon and appearance, will they sraightaway get bail or will have to spend few days in custody and they bail or no bail and in custody till trial?

If they file an application for regular bail then they will be first taken into custody afterwhich they may be enlarged on bail.

They cannot be kept in custody till the trial is completed, they are entitled to get enlarged on bail once the charge sheet is filed.

In my opinion the heart of your case reside mainly in sections 467 & 468 IPC. More stronger the ingredients of sections 467 & 468 IPC must stand your case in strongest manner. The ingredients of aforementioned sections will fully be eligible to trap the accused notwithstanding of the age of accused. Surely, the accused will be in jail if the acts of Accused come under the realms of Crime related to the making of forged and frivolus documents as provided in IPC.

Thanks for your rating.....