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Can bail be obtained for criminal breach of trust and cheque bounce
16-Jan-2023 (In Criminal Law)
if there is COMPLAIN case in the section ipc 406 and 138ni act then there is BAIL or not......
bail can be obtained. depending upon the facts and circumstances. we cannot assume the bail acceptance or denial merely on the basis of assumption. bail is merely on the discretion of the court and judge.
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Adv. Ishan Raj
Patna | 25+ Answers
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Certainly. You can file an application seeking pre-arrest (Anticipatory) bail, in the District and Sessions Court. Only pre-requisite is that summons should have been issued. You cannot move for bail before issuance of summons.
Alternatively, you can appear in the court which took cognizance itself, since the case is fixed of appearance. However, considering the fact that the courts are generally inclined to send the accused in jail custody as soon as he /she appears at the stage of summons, we advice that the accused to move the District and Sessions Court for pre-arrest (Anticipatory) bail,
Furthermore, Hon'ble Supreme Court says that, a court cannot take cognizance under 406 and 138 NI together. So you can also file a 482 petition (quashing) in the High Court against the order taking cognizance.
Hope the above suffices. Thanks.
Alternatively, you can appear in the court which took cognizance itself, since the case is fixed of appearance. However, considering the fact that the courts are generally inclined to send the accused in jail custody as soon as he /she appears at the stage of summons, we advice that the accused to move the District and Sessions Court for pre-arrest (Anticipatory) bail,
Furthermore, Hon'ble Supreme Court says that, a court cannot take cognizance under 406 and 138 NI together. So you can also file a 482 petition (quashing) in the High Court against the order taking cognizance.
Hope the above suffices. Thanks.
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Adv. Avinash Shekhar
Patna | 25+ Answers
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yes why not..nature of grievances of the case if without confessional statement..wherein bail should be granted according to procedure of the compliant and mention sections in complaintu may consult to us.
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Adv. RK Goswami
Patna | 100+ Answers
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Yes.. It is ... You can avail bail..It depends on your case after seeing the complaint case plus what are your chances highly depend on the complaint itself. Your chances of getting bail is much better in 138 ni cases.
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yes, bail can be obtained U/s 406 of IPC and 138 of N.I.Act. Although sec. 406 of IPC is a non-bailable section but it is compoundable in nature,if the complainant agrees to compound the case then the Ld.court will compound the matter and grant bail to the accused person as far as sec.138 of NI Act is concerned it is bailable section and a person easily get bail in this sectioon.
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Adv. Shambhu Nath
Patna | 25+ Answers
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