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Bail Applied in Metro Politant Magistrate court for sec 420 and 409
19-Oct-2023 (In Criminal Law)
Does a Metropolitatnt Magistrate has right / jurisdiction to grant bail in sec 409 IPC ?
For regular bail you can apply before metropolitan magistrate court but mostly bail has granted by session or highcourt as per as my suggestion you can approach to the session court if bail has rejected then highcourt has vide power to grant bail
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Adv. Manindra Pandey
Mumbai | 100+ Answers
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What are the ingredients of 409 IPC?
In order to prove a criminal breach of confidence under section 409 of the IPC, it is necessary to prove two elements: (i) that the accused was entrusted, as a public official, banker, or agent, with property for which he has a duty to account; and (ii), the accused had committed a criminal breach of faith. S. 405 of the IPC defines what constitutes criminal breach.
What is the case law on 409 IPC?
In this case the accused worked as a peon at a bank. He was given Rs 5,000 in cash to deposit as a due for the Telephone Bill at the Post Office. He didnt deposit it, and the Bank filed a FIR under Section 409 of the IPC against him. The Trial Court found him guilty under this section. 27-Sept-2023
What is Section 409 of Criminal Procedure Act?
409. Sessions Judges can withdraw cases and appeals. (1) A Sessions judge may recall or withdraw from any Assistant Sessions Judge, Chief Judicial Magistrates or any other subordinate Sessions Judge any appeal or case he has handed over.
Is IPC 409 bailable?
This section penalizes the criminal breach of trust committed by a public servant or by a banker, merchant, or agent. Is IPC section 409 bailable? No. This is a serious, non-bailable offense.
Case relating to above mentioned offence is triable by Magistrate & as such, it can also be tried by Metropolitan Magistrate in a Metropolitan Region & as such, the Metropolitan Magistrate can grant Bail for Sec 409 of IPC.
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Adv. Pankaj Bajaj
Mumbai | 500+ Answers
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Sorry to hear about your issue. Offences under sec 409 of Indian penal code are non bailable. Depending on the facts of your case, and investigation carried out, the case for bail can be looked into. We can help you with this matter once we see your case.
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