SANJAY JOSHI
23 August 2011 at 18:52
dear sir
8 govt. employees - suspected in an offence of forgery, criminal misappropriation, criminal breach of trust and embezzlement of govt. money - are anticipating their arrest anytime by police. Now, they want to apply for Anticipatory Bail.
A PIL is also under hearing in High Court to decide as to whether investigation in this case should remain with the police or should be handed over to CBI?
The offence is triable by Sessions.
Question -
1 - Should the Anticipatory Bail application be filed in Sessions or High Court in light of the fact that PIL related to this case is subjudice in High Court?
2- One of the seniormost of the accused feels that he will let other 7 to try for Anti. Bail while he will not file along with them. That he will see if the 7 get A.bail or not. If the 7 get bail, then he plans to file "HIS" bail application on the next day.
But if Anti.Bail to 7 is rejected then he can remain absconding for a few days; and he then plans to file A. Bail only after all 7 are granted regular bail from regular court i.e. Sessions. By this excercise, he feels that he would be able to best evade arrest and the subsequent police custody of him. Sir, could you please enlighten if this arrangement is beneficial legally?
3) If he remains absent or underground, will the police (armed with an arrest warrant) also affix the notice of arrest on his residential premises?
Anonymous
23 August 2011 at 18:43
If there is 406 Charge accompanied with 498A and husband secures a bail other accused arrest is stayed by HC. During the process the chargesheet is filed and other accused are now required to secure bail.
if the opposite party lawyer objects bail by saying that recovery hasnt happened then would it impact the bail of the co-accused. There is no recovery things have been returned and receipt was given by the wife but still for harrassment and objecting bail they want to create problems.
Normally is the bail for family members a issue or is usually granted as Husband is already on bail.
Please provide your viewpoints.
Anonymous
23 August 2011 at 17:25
R/Experts,
I have querry about regular bail of an accused who is behind bars under sections 363,366,540,506 of IPC.
The crime has been registered against a youth aged 19 on 23 June 2011,alleging he kidnapped a minor girl aged 14 +.
The father of the girl come to know the incident that, his daughter is not in house on 17 June 11,he searched his daughter whole village,then he come to know that accused kidnapped her.
He lodged complaint on 23/6/11,police arrested accused on 7/7/11,accused got p.c. till 12 July thereafter he remanded in M.C.
Accused moved regular bail petition before Sessions Court but same was rejected on 29/07/11 on the ground of investigation is in progress.
Accused moved second bail petition before Sessions Court on changed circumstances,Charge Sheet has not yet filed.
Will Sessions Court release him on bail?
Plz. give me tips to convince Sessions Court to get bail order.
Legal_Query
23 August 2011 at 13:36
Dear All,
an application for mediation of the dispute under 138 ni act was moved by the accused at the stage of defense which was opposed by the complainant that the matter is pending for past 10 years and court should not allow this application. there is no dispute against the cheque amount plus 10% additional amount from the accused side but the complainant is demanding double the amount or 18% yearly interest.
Court has rejected the application for mediation, what should the accused do in this situation.
kindly advice
Thnks in anticipation.
Alok Vashishth
23 August 2011 at 10:22
Hi,
What are the legal remedies if somehow, a cheque bounce case can not be filed in the appropriate court under section 138 after the time-limit of 1 month has been elapsed.
Thanks
Alok Vashishth
23 August 2011 at 09:49
Hi,
How the court jurtisdiction of the cheque bounced case is determined. For example, cheque issued by bank in branch in city X (say, Delhi) and then presented in the City Y (say, Patna).
Thanks
Alok Vashishth
23 August 2011 at 09:18
Hi,
My client has resigned as a director and shareholder from a Pvt Ltd company. During his tenure as a director in the company, he was a authorized signatory in the bank accounts of company, along with another director (who was managing director).
During his tenure, he realized that the other director is forging his signature on company cheques and mis-using the company funds for his personal use. My client then filed a compaint in both the bank and requested the bank to freeze the account. Both the accounts are frozen now.
Now, the other director is blackmailing my client that he is under the possession of company cheques (signed by my client), issued to suppliers/ associates. He is threatening that he will collude with the party to whom this cheque has been issued and file a cheque bounce case against my client.
Is my client still liable for the cheque bounce even the bank accounts has been frozen on the ground of misconduct by the managing director.
Thanks
sadiq pasha
22 August 2011 at 23:31
i want the deatels of the ipc sections 420, 468, 506. in which conditions those sections was applicable. and punishments. whats the role of police officers in the above sections investgations matter.
sadiq pasha
22 August 2011 at 23:24
i want deatels of the above following sections. in ipc. in what condictions those sections was applicable.
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498 a
Petitioner filed 498a case on the husband and his parents in the year 2005 and in 2007 A1 the husband died by hanging himself due to some other reasons.There are lot of allegations on A2 & A3 the parents of A1.How can they be saved from this case.Kindly provide some points to save them.