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Procedure for bail under section 398 and 401


23-Sep-2023 (In Criminal Law)
My friend has been arrested by the police under section 398 n 401
Answers (2)

Answer #1
536 votes
It also depends upon the type of weapon your friend was possessing at the time of committal of crime. The offence is bailable the lowest court will not grant the bail depending upon the type of weapon and once the case is put before DJ after the nomination your plea will be accepted.
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Answer #2
583 votes
Sec 398 and 401 IPC are non cognizable, non compoundable offences. Your friend will have to apply for Bail and your friend can be given bail depending on the circumstances of the matter, such as whether your friend is innocent, charges are false, name is not there in FIR, no stolen item was recovered etc.
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