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Regarding Bail Application in section 420 , 379 and 411


09-Jan-2023 (In Criminal Law)
Dear Sir, My friends in judicial custody from more 60 days in the section 379 , 411 , 420. His bail application is pending at High Court. Police has not been submit he chargeseet in 60 days. Can we apply bail at Session court also as chargesheet not submitted with in 60 days. how to argue bail application under section 379/411 ipc cases?
Answers (4)

Answer #1
154 votes

Default Bail refers to the right which accrues in favour of an accused to seek release on bail, upon failure of the police authority to complete the investigation within a prescribed period, as per Section 167 of the Code of Criminal Procedure. In the present case, you may withdraw the bail application pending before the High Court and file a subsequent bail application before the Sessions Court. It is also advisable to engage the services of an experienced lawyer, well-versed in the court craft and with knowledge of how to argue a bail application under section 379/411 IPC cases.


People also ask

Is 379 and 411 bailable or non bailable?

Sir, 379 and 411 offences are not bailable. However, if a person is mentally ill they can get some relief. For this purpose you will need medical documentation and the government hospital will issue that document. You then receive the bail. 22-Dec-2017

What is the order of bail in 379 IPC?

The nature of section 379 IPC does not allow bail

What are the essential ingredients of Section 379 IPC?

The accused had stolen the property in a dishonest manner. The complainants property was taken from his possession. The complainants property was removed without his consent. The property was taken.

How do I get bail in 411 IPC?

The Indian Penal Code, Section 411, deals with the crime of dishonestly receiving stolen property. This is an offense that cannot be compounded, cant be bailed, and has no cognizable bail.

  
Answer #2
756 votes
yes of course you should move for bail application in concerned Court if Lower court not provide the bell then you have to move in High Court Highcourt easily get enlarge on bail on a aforesaid t section application waiting for charge Si is not mandatory
Answer #3
765 votes
if the bail in your section 379 411 420 IPC is rejected as you are telling and your bail is pending in High Court butt if the police does not file the charge sheet within 60 days it can become bailI ground but if your bail has been dismissed from the session and there is a pending in the High Court then you cannot put it in the session again this section is not such that there is no bail from the high court I can give you the number of advocate who can help u and get ur bail easily thanku !

Answer #4
771 votes
hello as per your query I would suggest you to wait for the outcome from the high court order on bail application as on the same issue you cant approach lower /session court when matter is pending in high court.

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