LawRato

What to do if regular bail gets rejected for the third time


26-Jul-2023 (In Criminal Law)
Two women who are not public servants, merchants or agents but running a society , registered under cooperative society act 1995 were in remand for 56 days till today, sections involved here are 409,423,418. If regular bail got dismissed again for 3rd time is there any possibility to get 'default bail'? If so is it after 90 days or 60 days? If high court or sessions court rejects my bail petition can go to lower court and file a bail petition there?
Answers (2)

Answer #1
830 votes
Yes you can file a case in high court for grand of bail to both of the women the court will direct the lower court to grand them bail on the basis of surety and once the bail is granted you can quashing

Answer #2
536 votes
Hi
Since the regular bail has been dismissed by trial court, the accused can move either the high court or sessions court on completion of 60 days and get bail.
Both 423 and 418 are compoundable. But not sure how 409 is foisted on members running a cooperative society.

Supreme Court in the case of State of Maharashtra v. Laljit Rajshi Shah and Ors. . It is relevant Considering the definition of the expression 'public servant' defined in section 21 Indian Penal Code which was adopted in the Prevention of Corruption Act, 1947, this Court took the view that members of the managing committee and chairman of the co-operative societies under the Maharashtra Co-operative Societies Act

AP HIGH COURT -"Somsetti Lakshmi Narsimayya vs The State Of Andhra Pradesh
For the foregoing reasons, I am of the view that the Secretary of a Co-operative Credit Society in the instant case, is not a 'public servant' within the meaning of Section 21 I. P. C. That being so, a charge under Section 409 could not be properly framed against the Secretary of the Co-operative Society

You may refer to the aforementioned judgments and get the bail for the two woman who are in the jail for now challenging the applicability of 409 IPC in the present case and hence take bail.

Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.

Report abuse?

Comments by Users

No Comments! Be the first one to comment.

"lawrato.com has handpicked some of the best Legal Experts in the country to help you get practical Legal Advice & help."