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Arrested u/s 420 465 468 34 of ipc ...he's arrestted today in pune
10-Oct-2023 (In Criminal Law)
The accused attracts sec 465 n 468 ....he made a change in documents of an application which comes under his table ..eed get out on bail what are grounds for chances of his getting bail out..
Sec 465 of IPC is Bailable. It prescribes punishment for forgery. Whereas Sec 468 of IPC is not Bailable as it prescribes punishment for forgery in order to cheat.
These are temporary charges until and unless Police Custody is taken. Final Charges will be framed by the prosecution after the filing of Chargesheet. If the accused gets booked under Sec 465, it'll be easy for you us to get him out on Bail as a matter of right. But, under Sec 468, it'll not be that easy as Sec 468 is a Non-Bailable & Non-Compoundable Offence.
Following are the grounds under which Bail can be given for the above-mentioned charges -
1. Lack of preliminary prima-facie evidence to book the accused under these charges.
2. Accused has no Criminal Record. Comes from a good family-background.
3. Criminal Conspiracy has been committed against the accused to malign his image, character and to devast his life.
4. Before planning to take the accused in Police Custody, Has Scientific investigation been done by the prosecution to satisfy itself that whether accused had committed forgery or not?
These are temporary charges until and unless Police Custody is taken. Final Charges will be framed by the prosecution after the filing of Chargesheet. If the accused gets booked under Sec 465, it'll be easy for you us to get him out on Bail as a matter of right. But, under Sec 468, it'll not be that easy as Sec 468 is a Non-Bailable & Non-Compoundable Offence.
Following are the grounds under which Bail can be given for the above-mentioned charges -
1. Lack of preliminary prima-facie evidence to book the accused under these charges.
2. Accused has no Criminal Record. Comes from a good family-background.
3. Criminal Conspiracy has been committed against the accused to malign his image, character and to devast his life.
4. Before planning to take the accused in Police Custody, Has Scientific investigation been done by the prosecution to satisfy itself that whether accused had committed forgery or not?
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Adv. Pankaj Bajaj
Mumbai | 500+ Answers
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