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is 409 ipc bailable and how to get bail?


29-Jul-2023 (In Criminal Law)
is ipc 409 is bailable or not? if not how can i get bail??
Answers (5)

Answer #1
631 votes
Case u/s 409 IPC is non bailable .Granting of bail will depend upon the ingredients present in the case status and any improperness in process followed in investigating the entire matter ie un- necessary delay or otherwise . Lastly it will be necessary to satisfy the magistrate about accused will face the trial obeying all the terms and conditions of LD court and will not be absconded
People also ask

Can we get bail in IPC 409?

Only the 1st class Judicial Magistrates can grant bail if the case is satisfied. It is hard to get bail before 90 days, but bail can be granted if the IO fills out the charge sheet. The case u/s. 409 IPC cannot be bailable.

Is 409 IPC bailable or non bailable?

The Section 409 of the IPC is a cognizable, non-bailable offense that can be tried by a Magistrate first class. The punishment for the offender is imprisonment, which can be either simple or strict up to a maximum of 10 years.

What is Section 409 of Criminal Procedure Code?

Description. A Sessions Judge can withdraw or recall any appeal or case he has handed over to any Assistant Sessions Judge, Chief Judicial Magistrates or any other subordinate Sessions Judge.

  
Answer #2
571 votes
It is non bailable and that is why you need to apply fro anticipatory bail.
You can file the same either in high court or in sessions court.
Non -bailable means only court has discretion to grant bail or not . contact us through Lawrato as we are a part of a firm situated at high court Kolkata.

Answer #3
737 votes
Section 409 is non bailable and only 1st Class Judicial Magistrate on satisfaction of the case dairy grant the bail. Though it is difficult to get the bail prior to 90 days or else bail can be granted after filling of charge sheet by the IO
Answer #4
899 votes
409 IPC is non bailable, such bail will solely depend upon the ingredients present in the case of your and any malafide in process followed in investigation, moreover, it is necessary to satisfy the learned court and/or judge & the accused will face the trial upon terms and conditions laid down by the learned court thereinafter.
Answer #5
335 votes
This section penalizes the criminal breach of trust committed by a public servant or banker, merchant, or agent. Is IPC section 409 bailable? No. This is a serious, non-bailable offense.
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