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Section 420 and 120B bailable offence or not


21-Apr-2023 (In Criminal Law)
i want to know ipc 420/ ipc 120b is bailable or not and i also want to know dat if patiala hourt rejects d bail than we will file bail again in patiala house court
Answers (5)

Answer #1
994 votes
Section 420 r/w 120B of the IPC are non bailable offences. You would have to move a bail application forthwith before the Metropolitan Magistrate, Patiala House who would either take cognizance or commit it. Incase the Magistrate rejects your application, immediately move a bail application before the Sessions Court, Patiala House.
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What is the punishment for 420 and 120B?

This offence can be punished by imprisonment in either form for up to seven years, and a fine.

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The section 420 IPC does not allow bail for any offence.

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It is difficult to get bail, but not impossible. Section 420 IPC is not bailable. It is important that you speak with your lawyer, who will defend your father in court and apply for bail. Let him know all the details and let him do his best in court to defend himself and ask for bail.

Is Section 120B of the IPC bailable?

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Answer #2
960 votes
These offences are non bailable offences. If the Magistrate Court has rejected the bail then you can either wait for the filing of the charge sheet to file the bail application once again or move the Session Court for bail under Section 439 of the CrPC.

Answer #3
870 votes
The said crime amounts to non bailable offence and the concerned court has the power to enlarge you on bail. As per sections , your case is tried by MM and if he dismissed your bail application you can move to the session court in Patiala house. Revert me if you have any other query. Best of luck.
Answer #4
745 votes
Section 420 is a non-bailable offence but if you have some good grounds in your defense, you will surely get the bail. However in reply to your query, if bail is rejected by the M.M then what, first you should understand that if M.M is not satisfied to give you bail then withdraw the application and you can again file the same later on fresh grounds. And if the application is dismissed then you will have option to go in appeal to the session court.
Answer #5
771 votes
Section 420 IPC is non-bailable. If any of the offence alleged is non-bailable then it doesn't matter whether the other offence is bailable or not.
Patiala house has two types of criminal courts - Magistrate and Sessions. Secondly, if bail application has been rejected by the magistrate, ordinarily a fresh bail application ought to be filed before the court of sessions. However if there is a change in circumstance after the rejection by magistrate, one can approach the Same court again. If bail is rejected by court of sessions then one has to approach high court.

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