• Bail under section 420,406 and 506

Here is my case:

- Other party has filed FIR under 420 and 406 and 506. we are builder and party has booked flats with us and disptued amount is approx 60 lacs. opposite party has lodged FIR of 420 and 406 on forged sale agreement 
- We tried to quash the FIR from high court and high court rejected it and order to proceed from lower courts
- 156 case is filed on other party from our side
- other party managed managed to arrest us and my accused person is in Jail since 2 months now
- Bail application was rejected from lower and upper courts 
- Due to other party influence and mental harassment to family, accused father and wife met with accident and father died, wife injured
- now we are moving to High court for bail.

Question is:
- Can we get bail easily from high Court in our case
- How long it can take, 
- Is there any rule where we can get conditional bail if we agree to deposit certain % of disputed amount
- what should be the process to proceed in high court
Asked 2 months ago in Criminal Law from Delhi, Delhi
Religion: Hindu
1) builders have poor reputation . However since one of the accused is in jail for 2 months court may release the accused on bail 

2) court woukd be more inclined to grant bail if you deposit 50 per cent of disputed amount in court 

3) local lawyer can guide you as to time  to be taken for obtaining bail 
Ajay Sethi
Advocate, Mumbai
23389 Answers
1229 Consultations
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1. Granting bail is discretion of court and hence without seeing the content of FIR it is difficult to advise. However death of family member of the accused person is often taken into consideration to grant bail on sympathies ground.
2. Yes in economic offence the court often grants bail on undertaking of payment of part of defrauded money.
3. First apply in sessions court and then move to high court.
Devajyoti Barman
Advocate, Kolkata
5248 Answers
54 Consultations
4.9 on 5.0
1. Getting bail is not a cakewalk. You have to prove your entitlement to bail on the basis of the allegations mentioned in the FIR. The falsity of the allegations has to be shown. Giving bail is the pure discretion of the court, it is not a vested right of the accused. 

2. It may take a few weeks to a 2 months to get bail.

3. Conditional bail may also be given by the court subject to deposit of a part of amount.

4. If it has been rejected once by the sessions court then it will be futile to file it again in the sessions.
Ashish Davessar
Advocate, Jaipur
18262 Answers
450 Consultations
5.0 on 5.0
High Court would  decide bail application on merits 

2) since bail application is rejected by lower courts apply before HC 

3) you should draw attention to forged document submitted by OPand pending criminal case filed by you 
Ajay Sethi
Advocate, Mumbai
23389 Answers
1229 Consultations
5.0 on 5.0
A fresh bail application in the sessions court will, unless it is on fresh grounds, meet the same fate. You may move the HC though which can set aside the order of rejection of the lower courts. Consult with a copy of FIR.
Ashish Davessar
Advocate, Jaipur
18262 Answers
450 Consultations
5.0 on 5.0
Dear Concerned,

In reference to your case, please find the answers below-

1) As the accused is already in jail, there is possibility of getting bail from the High Court.

2) The day the bail is filed in the High Court it would come up for hearing at least after 12-15 days(10 days being notice period). Once , up for hearing your matter will be argued and Court will give a decision, assuming bail is granted you would have to apply for release in the lower court by filing sureties, post which the accused will be released. The entire procedure would take 15- 20 days from filing bail in High Court.

3)Yes, in the bail application you may pray that so and so amount of the said complaint has been deposited or will be deposited subject to release of the accused.
.
4) For details on process it is suggested to contact our office for free consulting on filing your bail application in the High Court.

5) If you deposit the amount in the Court which is the basis of the complaint you would surely get bail (subject to there are no other sections other then those mentioned above)

Best of Luck-- Stay blessed.
Atulay Nehra
Advocate, Noida
444 Answers
15 Consultations
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Can we get bail easily from high Court in our case

You can aproach high court with the dismissal order by th lower court seeking bail.





- How long it can take, 

It may take less than a week after applying for it



- Is there any rule where we can get conditional bail if we agree to deposit certain % of disputed amount
- what should be the process to proceed in high court

You can express in the bail application that you agree to the conditions imposed by court to grant bail. 
T Kalaiselvan
Advocate, Vellore
14170 Answers
128 Consultations
5.0 on 5.0
Is there any impact in High Court,  if we apply again in Lower courts and it get rejected.
-

There is no adversity on it, neither there is any legal infirmity io it. If the lower court rejects bail, then approach to higher court shall be proper. 
T Kalaiselvan
Advocate, Vellore
14170 Answers
128 Consultations
5.0 on 5.0
I can share the FIR copy.  BAIL application is already rejected in lower and session courts. now we have 2 option either re apply in lower or go to High court. Question is, is there any impact on my case in High court if bail application is rejected again in Lower court. how strong chances are that bail may again be rejected.

You can approach high court with a fresh application.







Opposite Party has submitted forged agreement and 420/406 is lodged on my party along with 506.  We have also lodged FIR under 156 [3] against them, but police action is very slow on this.

This is a mater to be taken up during trial proceedings, but can be pleaded in the bail application






Is there any chances that court may deny the bail, considering builder as party.

Apply for bail before high court, the high court may cnsider your application. 
T Kalaiselvan
Advocate, Vellore
14170 Answers
128 Consultations
5.0 on 5.0

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