Bail in arrest u/s.420,467,468,471,120-b ipc
Bhikham Saini
(Querist) 28 December 2012
This query is : Resolved
My father and uncle sold one ancestral property pretending it as belonging to my father, two uncles only and also declaring themselves as POA holder from my second uncle, whereas they did not have any POA from my second uncle.Myself and my three brothers have identified as witness in the sale agreement which was executed with three buyers.On knowledge of the same, my second uncle filed an FIR against My father, Uncle, and three buyers and against all of us four brothers.The case is eastablised by Five IOs as under section 420,467,468,471,120-B and barring one buyer and two of my younger brothers, we are all arrested and have been denied Bail by ACJM and Session Judge.Three are at large and Police is looking for them for arrest.
Under these circumstances we plan to move to High Court for Bail.
Please enlightn me whether:-
01.what are the chances of our getting Bail at High Court.
02.what are the chances of three absconders getting AB from Session Court/High Court.
03.How to get out of Jail for the crime not done by me/my brothers.
what to do?
URGENT please.
Nadeem Qureshi
(Expert) 29 December 2012
Dear Querist
1.your bail will be grant if relevant judgment will be annex along with the bail application and argue based on SC Judgement.
2. AB is depending state to state, if in your state AB is applicable, it may be grant.
3.Bail is the only option to get out of the jail before acquittal order.
Feel Free to Call
Devajyoti Barman
(Expert) 29 December 2012
1. Without seeing the FIR it is difficult to advise. In any case the chances of bail is more bright in the higher court than the lower court.
2. Try ti from high court only.
3.Apply for bail u/s 437 crpc. If it is rejected then go to higher court u/s 439 crpc. Custody in this type of case should not be more than two weeks.
