Fir u/s 420,380,120b,465,467,468,471
Navi
(Querist) 18 August 2012
This query is : Resolved
Sir
Please guide...
Actually we had filed a FIR against 2 company directors & 3 Employees of General Manager rank who handled all the work. But now 2 employees got a bail from session court stating that we are just employees and this matter is of civil nature & pending before Delhi High Court. judge said that no specific allegation against 2 employees that they are personally stole material. Anticipatory bail granted,
But actually how can theft & forgery of documents be a civil matter. we had provided judge with complete 300+ page document which has been forged. Also the work was done under surveillance of these employees and they only got our material picked from our site..we had photographs of their persons picking it up.
In this case, should we go for appeal in high court or any other remedy with session court. the other party is very influential and they could easily get all the material shifted to some where which will make it impossible to recover.
please guide
Devajyoti Barman
(Expert) 19 August 2012
Bail once granted is hardly cancelled. In stead of challenging the order of bail, file petition for cancellation of bail on the ground of violation of bail condition wherein the court may at least impose stringent conditions.
V R SHROFF
(Expert) 19 August 2012
Agree with Adv Barman.
You provide ground that fvr cancellation of bail.
That they will temper with witnesses and Documents and are influential enough to destroy the evidence.
Navi
(Querist) 19 August 2012
what sort of proofs are require? like statement from witnesses or photographs or else...anything . Also before going to High Court should we first write to session Judge as he has applied the conditions
JANAK RAJ VATSA
(Expert) 19 August 2012
apply for cancellation of the bail alleging that the employees are influential in destroying the evidence and compromising the witnesses which will affect the denial of justice to the victims
Adv.R.P.Chugh
(Expert) 19 August 2012
There are two ways to do it either you go in for the cancellation of bail, which can be done only on the basis of circumstances that took place after the grant of bail, for eg : tampering with evidences, influencing witnesses etc. If all this cannot be proved, then don't go in for cancellation, for cancellation a great case must be made out. In cancellation you don't say that the decision to grant bail was incorrect, but you contend that circumstances now have changed and it is no longer conducive for fair trial if the accused persons remain at large.
The other way is to file a revision against the grant of bail, in this you would have the liberty of saying that the decision was incorrect in the first place, considering the position of authority of the accused - setting them at large would be utterly affront to the integrity of trial.
Sudhir Kumar, Advocate
(Expert) 19 August 2012
are you sure that the bail has been secured by misleading the court.
Dr J C Vashista
(Expert) 20 August 2012
Rightly advised by experts, cancellation of bail is generally defeated, however, collect certain specific material to prove that the accused have tempered with evidence and/or influence witness which shall be the only ground for cancellation of bail by High Court.
Navi
(Querist) 20 August 2012
Thanks and sir there is a condition in their bail that they have to join the investigation within 10 days from date of order which are going to be over tommorrow. Now what should we do or ask police to do if they dont cum tommorrow?
Sudhir Kumar, Advocate
(Expert) 21 August 2012
Le them violate bail conditions and then consider future course.
