• Regarding bail in 120(b) 407

Sir there is a fraud of 32 Crore done by cooperative society secretary my father is on uppradhan post he is not involved in it but police arrest all society members and put section120(b) we apply for bail but court put decisions on hold my father asthmatic patient we told them but judge even can't see the medical documents from medanta Hospital and Air Force command hospital bangalore what are the chances of bail please reply
Asked 2 years ago in Civil Law

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18 Answers

You should immediately proceed to get the bail before high court or the sessions court. Whether the judge has heard your bail application or not. 

Mayank Sapre
Advocate, New Delhi
256 Answers

5.0 on 5.0

Since substantial amount of money is involved and allegations are serious your father would not be granted bail 

 

your father would get bail from HC If rejected by sessions court 

Ajay Sethi
Advocate, Mumbai
84070 Answers
5480 Consultations

5.0 on 5.0

Your father would not get bail from sessions court 

Ajay Sethi
Advocate, Mumbai
84070 Answers
5480 Consultations

5.0 on 5.0

Then you should move directly to high court with that order of Monday. 

Mayank Sapre
Advocate, New Delhi
256 Answers

5.0 on 5.0

Wait for decision on Monday 

Ajay Sethi
Advocate, Mumbai
84070 Answers
5480 Consultations

5.0 on 5.0

Dear client

You have to wait the decision of bail application ....in the mean time you have a right to file a application of treatment of accused before the where your case is pending . But tommorow is sunday and the next working day is monday . So you can filed it on monday 

Parveen Narwal
Advocate, Rohtak
10 Answers

Not rated

The sessions court has to grant bail in this case. The medical condition of your father must be described and stated in the bail application. If the court does not grant bail then you have to go to the high court. 

The court would most probably grant bail.

Rahul Mishra
Advocate, Lucknow
13048 Answers
42 Consultations

5.0 on 5.0

1. Medical condition of this nature is no ground for bail and hence the allegation is there of criminal conspiracy then the court is not going to grant bail so early.

2.  So if the Magistrate has not given bail then apply for it u/s 439 crpc before the sessions court and thereafter in high court.

3. Getting bail of this nature is not likely within first 15-20 days of his arrest.

Devajyoti Barman
Advocate, Kolkata
22515 Answers
363 Consultations

5.0 on 5.0

I understand your problem, Section 120B of IPC is Criminal Conspiracy is non-bailable offence. Still you can apply for bail in the Court of ASJ ( Session Judge). You have to file a bail application for the same.

Mohammed Mujeeb
Advocate, Hyderabad
19011 Answers
28 Consultations

4.5 on 5.0

See even if there is medical condition and there is primary evidence of fraud the court may deny bail. In case it is denied before the sessions court you need to move to high court, high court may use its discretion more widely to grant a bail. 

Shubham Jhajharia
Advocate, Ahmedabad
25518 Answers
147 Consultations

5.0 on 5.0

See bail have to be argued and contested also for the sympathy of court medical record of your father can be kept along the application and in grounds same can be pleaded before the court. 

Shubham Jhajharia
Advocate, Ahmedabad
25518 Answers
147 Consultations

5.0 on 5.0

If on Monday bail is rejected before the session court file before the high court there is chance father may get bail from high court. 

Shubham Jhajharia
Advocate, Ahmedabad
25518 Answers
147 Consultations

5.0 on 5.0

bail on medical grounds are possible. If denied you can approach in appellate court

Prashant Nayak
Advocate, Mumbai
24239 Answers
51 Consultations

4.4 on 5.0

Chances of getting bail from session court are very less because it is a fraud of huge amount. 

You should make application for providing proper medical attention and medicine to your father during the custody period.

Mohit Kapoor
Advocate, Rohtak
10688 Answers
7 Consultations

5.0 on 5.0

You have no option till wait for Monday. Don`t be hasty in this case, if you will appraoch HC, same time will took and bail possibility may dilute.

Medical condition consider by court when some time spent in jail.

Yogendra Singh Rajawat
Advocate, Jaipur
21439 Answers
31 Consultations

4.4 on 5.0

If the trial court dismisses the bail application then you may approach the sessions court with a similar application and the high court subsequently if the sessions court also dismisses the bail application, where you will get bail.

 

T Kalaiselvan
Advocate, Vellore
74174 Answers
1203 Consultations

5.0 on 5.0

You may approach the higher court with a similar application the lower court dismisses the bail application.

T Kalaiselvan
Advocate, Vellore
74174 Answers
1203 Consultations

5.0 on 5.0

Then wait until Monday, if the sessions court also dismisses the bail application, you may approach high court.

T Kalaiselvan
Advocate, Vellore
74174 Answers
1203 Consultations

5.0 on 5.0

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