Ipc 420 & 406
Vimalesh Bhatia
(Querist) 29 December 2011
This query is : Resolved
a case was registered in year 1994 under IPC 420 and 406 stated that a scooter was taken and not returned yet. accused were not aware before 2000 and in year 2000 they applied for anticipatory bail but the same was rejected, police has arrested the one out of two accused in 2011, how accused will get bail
Devajyoti Barman
(Expert) 29 December 2011
After few days of custody the accused persons would get bail.
Try for bail on every date the case is fixed.
Vimalesh Bhatia
(Querist) 29 December 2011
thanks to reply, kindly suggest can second accused get bail without custody.
M.Sheik Mohammed Ali
(Expert) 29 December 2011
again apply AB in high court. if the police officer not filed chargesheet, you will get bail soon.
Vimalesh Bhatia
(Querist) 29 December 2011
thanks a lot, kindly suggest if second accused person surrender in court if it will help to first accused person in getting bail?
M.Sheik Mohammed Ali
(Expert) 29 December 2011
no way, because he will alleged you then how will get bail ?
Devajyoti Barman
(Expert) 29 December 2011
Without knowing the merit of the case it is difficult to answer.
However he can apply for anticipatory bail.
Vimalesh Bhatia
(Querist) 29 December 2011
means, second accused person try for AB in high-court only after when the first accused person has got bail from CJM.
Devajyoti Barman
(Expert) 29 December 2011
At anytime but better to wait till his bail.
Vimalesh Bhatia
(Querist) 29 December 2011
what is the next step for second accused person if his AB will be rejected in Highcourt.
Deepak Nair
(Expert) 29 December 2011
Yes. Get regular bail from the trial court.
Advocate. Arunagiri
(Expert) 29 December 2011
You can apply for AB after some time, under any change of circumstances. It is not necessary to surrender, once the AB is rejected.
ashutosh mishra
(Expert) 29 December 2011
Apply for AB after waiting for some time.
jitendra narain sinha
(Expert) 31 December 2011
u have to move before the court below first in terms of section 437 of the cr.p.c and in case of refusal of bail, you have only option to move before the Sessions court and if the Sessions court also refuses bail then to High Court.