• Bail petition for under 420 IPC

Sir, My brother was alleged and made party to Fraud case.He surrendered to Police and he was arrested under section 420 of IPC. He had borrowed over draft from a bank in which a land was mortgaged which was of another person.Now the actual land owner have complained to police  saying that the land documents were mortgaged without their consent by their relatives.On these charges he was arrested .Now what are the procedure for bailing him out of custody?
Asked 6 months ago in Criminal Law from Gangtok, Sikkim
Religion: Hindu
Has he applied for bail? Has it been dismissed by the lower court? 
Ashish Davessar
Advocate, Jaipur
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He should apply for bail in the trial court and move the HC if it is rejected by the trial judge. To be able to obtain bail he will have to show that the allegations in the FIR are prima facie false.
Ashish Davessar
Advocate, Jaipur
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449 Consultations
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1) consent of landowner was necessary to mortgage his land 

2) please clarify how your brother mortgaged said land and obtained loan 

3) did he forge the landowner signature 

4) police wound need his custodial interrogation to carry out investigations 

5) you can apply for his bail before trial court .if bail application is rejected appeal before sessions court 
Ajay Sethi
Advocate, Mumbai
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1220 Consultations
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1) your brother should apply for bail on Monday before trial court 
Ajay Sethi
Advocate, Mumbai
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The offences charged under section 420 IPC is cognizable and non-compoundable. 
Since your brother has been remanded into custody, you have file a bail petition before the court remanded him. 
The court may dismiss the bail petition after which you may apply for bail either in the same court after a lapse of another week or can approach sessions or high court with an application for getting enlarged on bail immediately along with a certified copy of the dismissal order. 
There are chances of getting bail immediately.
T Kalaiselvan
Advocate, Vellore
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anticipatory bail has been rejected.not applied after arrest,today being Sunday.is there any chance of getting bail?

Sunday courts will remain closed hence you may have to file bail application in the court of remand on the next working day only.
T Kalaiselvan
Advocate, Vellore
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127 Consultations
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