• Bail rejection in session court, what to do next

Good day everyone,
Required good suggestion.. kindly help..

My brother was working with a good XXXX bank as a Sales manager for Mortgage/home loan in 2013..
Now there is a case from 2016 on him that because he has not verified NOC of the society, bank had given loan to said person.. who is fraud.. total file was fraud.. and the person is missing with wife.
The flat on which loan was taken also belongs to someone else..
Person who has taken home loan of 72 lakhs is missing and now my brother is only caught in the full case.. (kindly note my brother was cooperating with the police from last 2 yrs and explaning them about the scenario) so how can only 1 sales person can commit this big crime.

My borther is in jail from 20/Nov/2020.
Magistrate court of vikhroli and Mumbai session court both had rejected the bail application mentioning that he is the prime accuse..
IPC mentioned in the FIR - 420, 406, 465, 467, 471, 34.
Charge sheet is not yet filed.

Please requires your valuable suggestions about the next step...
Asked 1 year ago in Criminal Law
Religion: Hindu

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11 Answers

1) There are two options before him viz: a) to appeal before high court against session court order of rejection of bail; or b) to move the trial court pleading acquittal, on the grounds that there is no material brought on record till now by investigating authorities to implicate him. 

2) Which of the two options is best suited can be adviced only after an exhaustive consultation session. You need to visit me to consult, and if required I will consult your brother too, in custody. 

3) I'm based in Mumbai /NaviMumbai just as you are. So it shouldn't be much difficult for you to visit me for exhaustive consultation. 

4) ९८२०८९७८८४. (Nine eight two zero eight nine seven eight eight four) 

Netra Mohanchandra Pant
Advocate, Navi Mumbai
1425 Answers
5 Consultations

4.4 on 5.0

1. Since more than one month has gone the case has become ripe for bail.

2. Therefore file application before the high court .

3. If there is no apparent negligence on part of your brother then he should get bail from high court.

4. Talk to  a good advocate which practises in criminal side in Bombay High Court.

Devajyoti Barman
Advocate, Kolkata
22515 Answers
373 Consultations

5.0 on 5.0

If bail application is rejected by sessions court file application in HC against impugned order rejecting his bail 

Ajay Sethi
Advocate, Mumbai
85546 Answers
5730 Consultations

5.0 on 5.0

A bail application must be filed in the Mumbai high court immediately.

Rahul Mishra
Advocate, Lucknow
13335 Answers
49 Consultations

5.0 on 5.0

If the session court has dismissed the bail application, you may file an application for bail before high court.

You obtain a copy of the dismissal order of the sessions court and file it along with the bail application before high court.

 

Besides Chapter XXXIII Section 436 to 439, another provision,
which deals with the concept of bail is Section 167 of the Code of Criminal
Procedure, which is generally termed as “Default Bail”. While considering
the aspect of bail, both these provisions are to be studied in the context of
each other.
The Art.21 of the Constitution of India declares that “No person
shall be deprived of his life or personal liberty except according to procedure
established by law. The concept of bail is closely related to Article 21 of the
Constitution. It safeguards the personal liberty of a person from his detention.

Accused person may be required for being identified by witnesses
during investigation is not a sufficient ground for refusing bail if he gives an
undertaking that he shall comply with such directions as may be given by the
Court.

When a person accused or suspected of the commission of an
offence punishable with imprisonment which may extend to seven years or
more or abatement of, or conspiracy or attempt to commit, any such offence,
is released on bail under sub-section (1) the Court may impose following
condition which the Court considers necessary in order to ensure that (i)
such person shall attend in accordance with the conditions of the bond (ii)
shall not commit an offence similar to the offence of which he is accused or
of the commission of which he is suspected, or(iii) otherwise in the interests
of justice

 

Hence you may file a bail application before high court on the above lines.

 

T Kalaiselvan
Advocate, Vellore
75676 Answers
1313 Consultations

5.0 on 5.0

You need to file a bail application in High court in the present case. 

Prashant Nayak
Advocate, Mumbai
25386 Answers
65 Consultations

4.4 on 5.0

1. The only remedy now is to approach the Bombay High Court for grant of bail.

2. Your brother will have to show that either there is no prima facie material to connect him with the offence or his custodial interrogation is not required in the given circumstances. Time and again it has been reiterated by the Supreme Court that bail is rule and jail is an exception.

Ashish Davessar
Advocate, Jaipur
30752 Answers
930 Consultations

5.0 on 5.0

Ans: Please approach the Sessions court or the High Court challenging the bail order passed by the MM Court at Magistrates Court within the limitation period. 

Garima Anil Mehrotra
Advocate, Mumbai
514 Answers
1 Consultation

4.9 on 5.0

Hi, If the Session Court has rejected the Bail then you need to approach the High Court for Bail.   There may be a chance of your brother will get the bail.

Pradeep Bharathipura
Advocate, Bangalore
5257 Answers
290 Consultations

4.5 on 5.0

Contact your advocate and file petition in High Court of Bombay. Challenge this order and attach all the relevant papers

Sanjna Vaishnav
Advocate, Gandhinagar
57 Answers

Not rated

Dear Sir,

You may approach for getting bail and most probably it will grant bail as your brother is in judicial custody and not required for further investigation and also not in reach of bank documents.

Kishan Dutt Kalaskar
Advocate, Bangalore
6018 Answers
337 Consultations

4.8 on 5.0

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