• How to object bail in 420 IPC case?

Person from delhi cheated 34.6 lakhs in ct scan deal .now arrested under 420 ipc.
he is now applied for bail in court.
1.he is regular fraud. presently i have one fir copy (2019)another case and arrest warrant copy(2013) from court in another case
2.and his age around 56 years and diabetic but health condition good
3.he did fraud activities through multiple companies and almost all states of india
4.now he saying no money or property with him in enquiry-currently two fir(two states) on him

q1.how to object bail?
q2.minimum deposit amount for bail?
q3.any other possiblities for bail?
q4.i know this person wont return in this case?how recover my money
q5.even his lawyer knows about him,but he applied bail.how to deal him?

please guide me .hardly earned money.now iam scared about law
Asked 6 years ago in Criminal Law
Religion: Hindu

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17 Answers

A vakalatnama should 1st be filed before the court where it is pending. An application for objections shoukd also be filed stating that the person seeking bail has a past criminal history and a history of absconding. 

Regards 

Rahul Mishra
Advocate, Lucknow
14114 Answers
65 Consultations

You need to prove that he is habitual offender and if granted bail will again commit offence. 

Minimum deposit is only for surety. Court can't give order on deposit amount. 

In criminal proceedings you can only recover through fear of conviction. 

You can't complain about lawyer it's his profession

Prashant Nayak
Advocate, Mumbai
34514 Answers
249 Consultations

The object of bail is to secure attendance of the accused in the trial; an accused is NOT innocent until he is proven guilty in accordance with law; freedom of an individual is of utmost importance and can be curtailed merely on ground of suspicion facts which he has done in the past. That you have all evidence against him.


Minimum amount deposit by court for bail depends upon court from 25k to 500k. And 2 surety.

 

You can object the bail on past transcations. Only on his surety amount and he gives that he will not run away from country. Flight risk.

 

You can run case on fast track.

 

If you provide all your case facts and issues from starting so that I can get you properly.

 

On just one sentence a case can't be predicted.

Ganesh Kadam
Advocate, Pune
13008 Answers
267 Consultations

Court is entitled to impose any condition, which it considers necessary in the interest of justice, as provided under Section 437 Cr.P.C. 

 

2)conditions which can be imposed must serve the interest of justice sought be advanced and conditions can be only to ensure attendance of the accused in court for which a condition that he shall not leave country, that he shall report to the Police Station at specified intervals or to prevent commission of similar offence while on bail may be imposed. It was also held that such other or further conditions may also be imposed which may be considered fit in the circumstance but conditions must not be unduly harsh or should not, in any manner, make an order of bail illusory.

 

3) In case for offence under Section 409 and 420 IPC the court will certainly not proceed to recover the alleged amount as a condition of grant of bail. After laying down this law that any offence, may be under Section 409 and 420 IPC or such other offence, the court certainly will not go into and recover the amount as a condition of grant of bail,

 

4) for recovery of money you have to file civil suit 

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

1. Convince that he is a habitual offender and shall tamper the witnesses. 

2. Only security for his appearance and you will not receive out of this.

3. He may state health reasons.

4. Case for recovery.

5. You can't do anything .

Regards 

G.Rajaganapathy

Lawyer 

High Court of Madras

Rajaganapathy Ganesan
Advocate, Chennai
2300 Answers
8 Consultations

1. Produce his previous crime records to oppose his bail.

2. There is no minimum amount for bail. It depends on the discretion of the court.

3. Bail would be granted for sure but not before 1-2 months.

4. In criminal case of this nature there is no scope for recovery of money . For this you will have to file cisil suot for money.

5. His lawyer is doing his professional duties and he is doing no wrong in applying for bail. 

Devajyoti Barman
Advocate, Kolkata
23653 Answers
537 Consultations

It is the prosecutor who should raise objection to bail.  You can engage defacto lawyer in court to raise objection to bail on the ground that he may flee away or influence witnesses, cause destruction of evidence, threat victims. 

Criminal court will send him behind the bar. 

To recover money you have to file money recovery suit in civil court. 

 

Kallol Majumdar
Advocate, Kolkata
2837 Answers
14 Consultations

1. You can engage an advocate to contest bail on grounds that there are antecedents , the person has been accused of such offences also.prevuously.

2. That court shall decide .

3. See bail is discretion of court , court can put such condition and can still release person on bail.

4. You can file a civil recovery suit to recover the amount.

5. See lawyers shall do.there work they will try for his bail.even rejected they will approach higher court. You can appoint yours to contest same.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

 You have to contest the bail application of the person under section 420 by providing the documentation in support apps crime that he has committed for you can also create the situation before the court that increase he has been provided bail in this case without giving any relation then this crime will again happen by the same person it is up to the court if it grants bail to the person otherwise he will be sent to Jail in case of 420 bail is allowed by the court subject to to the contest of the complainant

Vimlesh Prasad Mishra
Advocate, Lucknow
6851 Answers
23 Consultations

Dear Sir,

If the accused person applied for anticipatory bail in high Court then you can appear through your counsel in that case and raise objection and pray to reject the bail application and police will take steps to arrest him.

Yes you can file an objection by virtue of an affidavit filed before the hon'ble high court under section 302 of crpc by engaging an advocate. But after the chargesheet is filed it is the discretion of the concerned court at last can not grant bail to the accused.

Netravathi Kalaskar
Advocate, Bengaluru
4951 Answers
27 Consultations

1.As per Supreme Court,  Antecedents of accused must be considered for grant of bail and the same can be rejected if accused is found to be a habitual offender.

- If you have any proof against him , just produce before the court , or otherwise , I.O. of the case will himself track all the record of offence committed by the accused person.

2. Not fixed and your cannot request to fix an amount , it depends on the discretion of the Court, because there is cheating case against him , not a recovery case.

3. Conditionally can be granted if the accused is ready to refund at least half of the amount at the time of argument of bail. Otherwise , it will take time , if he is habitual offender.

4. If, he is insolvent and unable to refund any amount , then he will be punished for the same only. 

-  If, you have some proof for your payment to him , then you can recover your amount after filing Recovery suit . In recovery suit , his legal heir will be also responsible for the payment as well.

5.His lawyer is not accountable for the offence , he is bound by the ethics of his profession.

Mohammed Shahzad
Advocate, Delhi
15814 Answers
242 Consultations

1. You have to object to the bail citing his previous criminal records.

2. You may press for a deposit of at least 50% of the amount in dispute.

3. If your objections are factually strong, bail may be denied.

4. You may file a civil suit also for recovery based on proper documents.

5. Please raise your objections strongly in court.

Swaminathan Neelakantan
Advocate, Coimbatore
3070 Answers
20 Consultations

If the accused person applied for anticipatory bail/ Regular bail  in Court then you can appear through your counsel in that case and raise objection and pray to reject the bail application . 

Mohammed Mujeeb
Advocate, Hyderabad
19325 Answers
32 Consultations

You have to hire an Advocate for opposing the bail in court.

Main ground for opposing bail is that accused is a habitual offender and there are other FIR against him of 420 IPC

Minimum amount for bail will be decided by  court. 

You also have to file a recovery suit against that person to recover your money from him. 

Mohit Kapoor
Advocate, Rohtak
10686 Answers
7 Consultations

Bail will not grant, will stay in jail, Medical condition for habitual offender is not a ground to grant bail.

No minimum deposit, bail will refuse. 

 

Yogendra Singh Rajawat
Advocate, Jaipur
23079 Answers
31 Consultations

1.  You can file an intervene petition expressing your objections to grant of bail to him becasue of the reasons that you are affected and he is not making any effort to settle the same and also bny producing the copies of various cases pending against him on the same issues i.e., fraud.

 

2. There is no such thing, it is the discretion of court.

3. If his bail application is dismissed in the district and sessions court, he may be granted bail in high court.

4. You can file a money recovery suit also simultaneously.

5. You cannot blame a lawyer for any reason, he is doing his duty as a lawyer to defend his client.

 

T Kalaiselvan
Advocate, Vellore
89976 Answers
2492 Consultations

1. Who are you in the case? If you are the complainant then alone you can oppose his bail application on the ground that he is a habitual offender.

2. It is for the court to decide the sum of bail bond or personal bond, as the case may be.

3. To recover the money you have to file a suit for recovery of money in the competent civil court. Criminal court can only punish a person for the offence committed by him.

4. Lawyers have an indefeasible right and duty to represent anyone accused of any offence in the court. You cannot, therefore, 'deal' with him.

Ashish Davessar
Advocate, Jaipur
30840 Answers
981 Consultations

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