Legal Question in Criminal Law in India

One person has been arrested in Forgery case (fake bank statement) by Chandigarh police..There were 7 more people involved in the case, He had surrounded in front of Police and then judicial custody since half month… They do not have evidence against him till now, but they are filing FIR and FIR only on His friend statements who is also in judicial custody. Can the court punish the accused only on his friend statement or they it has to be proved with evidences? Under what section his case should be presented in order to ease his bail application. All sections like, 420, 467, 468,471, 120B IPC have been registered against him. We are going to apply regular bail today in session court. Can anybody tell me how long time it will take for the bail. One thing more case filed against HDFC bank. He left the bank since 8 months. Now he is employee of PNB met life insurance….. Has anybody prior experience in handling such type of case??????


Asked on 4/16/12, 1:33 am

3 Answers from Attorneys
Aniruddha Pawse Aniruddha.P.Pawse Advocates

granting Bail is the discretion of the court and without perusing full facts of case it will not be possible to give opinion. Court can't punish anyone only on basis of statements. The offence has to be proved beyond reasonable doubt.

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Answered on 4/16/12, 3:16 am
RAJIV GUPTA (Cell: +91 9811284735) [email protected]

the time required for the grant of anticipatory bail, as mentioned by Mr. Pawse, cannot be predicted. it all depends upon the gravity of offence and the offences a person charged with and the probable defence available. however, you may see a lawyer in person with all the documents for a better opinion.

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Answered on 4/16/12, 8:34 pm
Shrichand Nahar S.V.Nahar, Advocate

Firstly, a regular bail application U/s.437 Cr.P.C. is to be made before the Magistrate.

If that is rejected, then you may approach Sessions Court U/s.439 Cr.P.C. and then the High Court and Supreme Court.

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Answered on 4/19/12, 4:15 am


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