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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?
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
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Adv. Akshay Gupta
Hyderabad | 200+ Answers
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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.
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.
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.
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.
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.
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Adv. Rajagopalan
Hyderabad | 500+ Answers
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