Brother in jail for a month. How long should we wait to apply for bail
My brother is in jail it's been a month now .section are 419,420,467,468,470,471,472,120b he was arrested from a bank where he went to withdraw money from ..when he was arrested he been found a bag with him ..in which he has been found 7 pan cards with different names and his photo on it .some driving licence and many debit cards .pls advice how can we apply for a bail ..how long we should wait for the bail
When a person was arrested and charged will be taken to the police station to book the case. The accused will be taken to the police station to the area where he or she residing. They will record all sorts of information of the accused like the name, residence address, birth place, charge filed against the accused etc.
The police officer will check the criminal back ground of the accused, finger prints and files a case against the accused. For smaller crimes, the accused will be allowed to apply for bail immediately. But if the crime is a little bit complex, the accused may wait for 48 hours to claim his or her right in the court. In instant case you will have to file bail under Section 439 Crpc and in the said bail hearing the judge may decide whether the accused may get bail or not basing on various factors. The amount the accused may have to deposit with the court will be at the discretion and decision of the judge.
For certain smaller crime cases, a standard amount will be deposited for awarding the bail. But if the case is a complicated one the judge may decide the bail amount basing on the history back ground of the accused, accused criminal record or whether the accused may pose danger to others etc. Usually the bail may be awarded to person on certain Bail conditions. If the accused breaches any of those conditions the Bail will be cancelled immediately. If the accused is able to win the case the bail amount will be refunded back to the accused.
Related IPC Sections
- Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at LawRato.com and has been responded by one of the Criminal Lawyers at LawRato.com to address the specific facts and details. You may post your specific query based on your facts and details to get a response from one of the Lawyers at LawRato.com or book a Detailed Consultation with a Lawyer of your choice to address your query in detail.
Get Started >>
Answers by Our Lawyers
- Online shopping not received delivery what legal action can I take ?
- Are there any laws which protect man from harassment by women
- How to track status of case and summons? It's a maintenance petition.
- Refuse to pay back the money.
- How to transfer property of father? He is missing for 20 years now.