Bail chances
Rashmi Mahato
(Querist) 12 May 2015
This query is : Resolved
Hi ,
My husband's ATM was lost and his account has been miss used for 10Lkh and he has been booked with following charges u/s 420,406, 467, 471,472,473,489(A,B & C),IPC 66(A)IT ACT in a charge sheet against a FIR. In challan no recovery has been shown and we have applied bail for him high court as it was rejected in Lower court and session court.
Therefore I want to know what is the chances to get bail for him ?
Please suggest....
Rashmi Mahato
(Querist) 12 May 2015
Anyone please suggest ........
ADV-JEEVAN PATIL, MUMBAI
(Expert) 13 May 2015
1)It all depend upon ur advocate how he demolishes opponen's charges to secure a bail. 2) if not before, after charge sheet is filed n 90days r completed, bail is cetain.
SAINATH DEVALLA
(Expert) 13 May 2015
Ur husband's ATM was lost and 10 lakh misused,Who is the accused? Ur query lacks clarity.
Devajyoti Barman
(Expert) 13 May 2015
without knowing the whole case history and the contents of FIR/CS it is difficult for me to comment on the merit of the bail petition.
SAINATH DEVALLA
(Expert) 13 May 2015
She has not cleared the doubt who has misused.
Rashmi Mahato
(Querist) 13 May 2015
Who has missused we don't have that information . The FIR has been registered by a lady in which she has claimed loss of 2.5lkh in a fake call of winning lotery . she has diposited rs.25 thousand in seven accounts in which my husband's is one. We also didn't knew that so many transaction has happened in my husband's 2 account because he didn't had mobile banking in 1 account and other he didn't paid attention because he didn't had any balance in his account . He registered a online complain with police and by time he blocked his card all this transactions had happened. when police investigated and we visited bank then we came to know about this.
In this case one more person was arrested but as the amount on his account was less so he got bail from lower court. other person are not yet arrested neither anything has been recovered yet, but one nigerian has been arrested related to this case with US dollar fake currency .
so when we applied bail in district court it was denied stating case is related to fake currency and investigation is in process but now chargesheet is already been filled.
Rashmi Mahato
(Querist) 13 May 2015
Police detained my husband un-officially for 3 days and officially for 6 days but didn't ask a single question neither did any investigation just said pay the recovery amount of 25000 and we will send him to judicial custody but our lawyer asked us not to pay that amount. After 6 days he has been send to JC now he is in jail for 15days.
Rashmi Mahato
(Querist) 13 May 2015
About the accussed , police couldn't find anyone because they didn't investigated at all we asked them to get the cctv footage from bank and trace the phone calls mentioned by the informant but police didn't put any effort and put all the charges on my husband.
P. Venu
(Expert) 13 May 2015
The query is deficient of material facts. Either you are not knowing the complete facts or you are not disclosing them.
- When was the ATM card lost?
- Had the Bank been informed and requested to block the transactions?
- Which Bank?
- Had your husband not received SMS alerts of the alleged unauthorized transactions?
- If so, had your husband informed/ alerted the Bank?
Rajendra K Goyal
(Expert) 13 May 2015
High court has rejected the bail. Consult some senior lawyer and show him full case file.
malipeddi jaggarao
(Expert) 13 May 2015
When ATM card is lost, normally it would be informed to the Bank so that they can block the card immediately preventing further transactions in the account. Why did your husband not reported loss of card? How can you say that police did not investigate? This is a fraud case of a bank where public money is involved and the police would definitely take the matter seriously. You are not complainant in the case. Bank is the complainant. Bank can trace from which location the amounts were withdrawn. CC TV footage is also available. The police might be doing their home work. You say police did not ask single question. Even if they do not ask, since your husband is detained in the station, have you/you people/your husband not represented that your husband is innocent and this might have happened because he lost the ATM Card. Mere loss ATM card will not allow the person who possess the same to withdraw the amounts fraudulently from the account. Pass word is required. When there is no balance in the account, your husband might not be using the card. Then how the fraudulent person came to know about the Pass Word? These are the points to show the finger against your husband. Come with full facts, if your husband is really innocent. Otherwise engage a lawyer who can get the bail. Nowadays as we see every day, getting bail is child's play if you have money.
Rashmi Mahato
(Querist) 13 May 2015
Sir,
ATM was lost on 30th dec'14 for SBI & ICIC bank with the entire kit he didn't realised that it has been lost, he thought it might be somewhere at home after searching a lot he registered a complaint online with police for the lost on 5th jan'15. He didn't had any details with him except the account nos.
He is a private service person and works in night shift .He didn't had mobile banking for ICIC so didn't receive any alerts and for SBI he didn't paid attention to the alerts as he didn't had any balance in his account. He couldn't visit the bank because of his shift timings.
He blocked his SBI ATM thru CS on 4th feb'15 once found the letter received from bank with the ATM as it had the card no.
He received few messages but he ignored as he never expected something like this as it was saving account and he was using very rarely and there was no balance in his account.And ICICI he didn't had message alert so never received any alert or call from bank.
Rashmi Mahato
(Querist) 13 May 2015
Sir,
Here bank is not the complaint, even we visited the bank to enquiry about what had happened in the account but they didn't provide any information.We asked to provide the complaint register at bank but manager denied stating we don't have any complaint register at branch. when we ask police to get the cctv footage they didn't put efforts to get that info.neither they have mentioned all these in the case diary. They have only got the statement.
We said to police that he is innocent and even they accepted this and said we know that is just a victim but this is our process that we will keep on asking for PC till magistrate is granting as we have 14 days time.
We where never aware that such a situation would occur, because we completely co-ordinated with the police from the beginning, I myself visited bank with my husband and then to uttam nagar police station from there my husband was taken to rajasthan that also we went with our own cost when he was detained first time.They said that we are convinced that he is not accused and just a victim. even when they called us second time we went self with our own after that all these things happened.
Rashmi Mahato
(Querist) 13 May 2015
I know that we have been trapped by police because they wanted money from us which they have taken and I have all the proofs. I will complain regarding this later.
But for now my only concern is about his bail, as all the charges are same in the charge sheet as in FIR but no recovery is shown as per our lawyer and the challan has been presented.
Rashmi Mahato
(Querist) 13 May 2015
Rajendra Sir,
We have applied for bail in high court as it was rejected from district court.
High Court hearing is in this week hence I am concerned.
Advocate Rajkumarlaxman
(Expert) 14 May 2015
if the transaction has happened between 30 dec and 4th jan 2015 then burden in on u to prove that it lost on 30th n chances are less n if the transaction are after the fir is registered then definitely u will get bail
T. Kalaiselvan, Advocate
(Expert) 15 May 2015
Since the bail application before high curt is yet to be heard, wait for the decision of high court.
Rashmi Mahato
(Querist) 15 May 2015
Thank you all for your advices.
