Biswajit Paul (Secretary) 26 April 2015

Absconders bail & defence

Sir,

My friend is an accused prolonged absconder (7 months) under section IPC 409/467/470/420/120B/34 & added 13 (1) D of PC act. The main accused enlarged with bail for I.O fail to submit charge-sheet within 180 days of his surrender/ behind bars. My friend is a co accused and police failed to submit charge-sheet till now. The I.O submit a part of charge-sheet but the trial court reject the same with direction to submit complete charge-sheet within 2 months. The time exed. Proclamation & warrent is issued. 3 others co accused are enlarged on bail due to illness/treatment/fathers treatment etc. The case is based on internal audit reports observation, the department never show cause against him before lodge of FIR. The complain against him is misappropriation of 15 lakhs govt money, while he has lots of evidence in difence of himself. As a contract employee, he is bound to obey the higher officials, employer, violet guidelines and divert fund.

My friend is honest, He is almost solvent, he did not misappropriate the fund but utilized the fund for which it was not meant for under the compultion of higher authority. The main accused is higher official & highly influential (politically & Adminstrative), so he doubts of his scaping evidence & witness and divert the investigation against him. In this regard, he didnot confirm about his evidence are appropriate or not. Now, what is the probability to get regular bail after arrest/surrender. NBW is issued against him. if any suggession/judgement/copy/advice please give url/copy.

Please help my friend. Please help him to get justice, Please.

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3 Replies

divyangthakur (Lawyer) 26 April 2015

Dear Sir,

I would advise your friend to submit to custody and take help of a lawyer immediately. Regular bail can be applied for but absconding will go against the accused at trial.

In such a serious case you should get advice from a lawyer in person without wasting any time as becoming a proclaimed offender is a very serious situation. Normally in cases of economic offences the court will grant bail but it will depend on nature of case i.e. whether the court feels that custodial interrogation is needed. In most of the bail applications that I have argued it has been important to impress upon the court the bonafides of the accused person.

If further advice is needed you can contact me at 9899028468.

Biswajit Paul (Secretary) 04 May 2015

Sir,

Depending on some vouchers, documentary evidence and mobile call recordings can he get regular bail, if he surrendered to the session court? If he submit contrary documents alegation laid upon him, can he get bail or cleanchit from the case?

What should be done whereas the CS not submtted yet? If he will behid the bar for 180 days or more without or submitting SC within, what will he do? Is there any chanch of turn this criminal case into summon case under 367?

Please reply.

With regards.

divyangthakur (Lawyer) 05 May 2015

Dear Sir,

Firstly, if he had surrendered intially and then chargesheet had not been filed for 60 days then he would have been eligible for default bail under Section 167 CrPC. However, as he has absconded he will not get the benefit of default bail on the first day of surrender, he will only be eligible if chargesheet is not filed for further 60 days.

Therefore, if he surrenders then he will have to apply for regular bail. That will be given as per the facts and circumstances. If he had surrendered initially itself then he would have got the regular bail quite comfortably, but he has absconded and further damaged his own case. Therefore we will have to convince the court that he is not a flight risk at this stage and that he is ready to join the investigation.

He cannot get "clean chit" at this stage. We will either have to get charges dropped at time of framing of charges or discharge at beginning of trial if possible. Another strategy would be to file a quashing application. However, this is speculative as I cannot comment on the merits of the case without having seen the documents.

This is why you need to stop asking for detail on internet forums and ask your friend to meet a lawyer. I can be contacted directly at 9899028468.

Divyang Thakur

Advocate

10, SCBA Room, CK Dapthary Block

Supreme Court of India