U/s 468,467,420,34, and 408
mangesh more
(Querist) 07 October 2011
This query is : Resolved
my friend arrested by police u/s 468,467,420,34, and 408 now this case processing in session court..what u think should he get bail in this case?
ajay sethi
(Expert) 07 October 2011
what are the facts of the case?
mangesh more
(Querist) 07 October 2011
it's related to share transfer and cash going out from his account, he only taking commission for whatever he did
ajay sethi
(Expert) 07 October 2011
how is an offence of cheating forgery is made out?
is it the allegation that signature on share transfers were forged and money wronly taken by your friend
Shonee Kapoor
(Expert) 07 October 2011
Bail is a matter of discretion.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
Sankaranarayanan
(Expert) 07 October 2011
all section or cognizant offense and non bailable as per law.
more over what is the nature of offense is must to express.
Shailesh Kr. Shah
(Expert) 07 October 2011
Bail depends upon facts of the case and discretion of the court.
mangesh more
(Querist) 07 October 2011
he is been arrested u/s 467, 468, 408, 420, 34 on 17 the sept n was in police custody for 4 days now he isn in magisterial custody from 21 st. his bail was rejected in lower court so we applied in session court on 24 th and got date of 29 th sept but beacuse incharge officer come let 5 minute with copy of stay so the judge gave us date after 15 days, he is not the main accused in this fraud, he is the last person in which trusting his friend he just sod the transferred shares in his account and gave cash to his friend for just earning 15000 rs. the main people who have done this planning are total 4 people who were employee of that company. 1 is arrested with him and his wife is out on anticipatory bail. the other 2 have ran away and above all my friend only one knows one person who asked to transfer shares in his account, he has not seen the other two fraudsters so sir please suggest can we get bail on 13 th oct.?
mangesh more
(Querist) 07 October 2011
i am waiting for reply
Advocate M.Bhadra
(Expert) 07 October 2011
Granting of bail depends upon the nature of complaint(FIR),Case Diary filed by the Investigating Officer,examination of witness(Sec.161 Cr.P.C.)and discretion of court. Consult with a senior lawyer and file a petition u/sec.439 Cr.P.C. in District or High Court for bail.
Shastri J.K.
(Expert) 07 October 2011
I agree with mr.Shonee Kapoor.
Arun Kumar Bhagat
(Expert) 07 October 2011
From the details furnished it is clear that your friend traded in off-market transaction and he made payment in cash, which is totally prohibited. However if your friend can furnish duly receipted Bill of the seller then he can say that there is nothing malafide on his part and he is not the ultimate beneficiary. One option is if your friend can mutually settle the matter by offering some amount to the defacto complainant then the court may grant bail. Anyway since charge sheet is yet to be filed there is scope for bail between 30 to 45 days of detention period.
mangesh more
(Querist) 07 October 2011
thank you very much sir
vijayan
(Expert) 08 October 2011
you are correct in filing appeal before sessions court since the magistrate court rejected bail petition. Try to advance the case to a nearer date and argue the matters you already stated before the court. ALL OFFENCES STATED ARE TRIABLE BEFORE THE MAGISTRATE COURT. POLICE NOT WANTED THE ACCUSED TO THEIR CUSTODY TILL NOW FOR FURTHER INVASTIGATION. So it is clear that, for investigation purpose his presence is not necessary. SUBMIT BEFORE THE COURT THAT HE WILL OBEY ANY CONDITIONS THAT MAY IMPOSE BY THE COURT. A good lawyer can argue and convince the court and get bail in this case. best of luck....
Sri Vijayan.A
(Expert) 10 October 2011
Rightly advised by Mr.Vijayan.
Dear Mr.Mangesh, try in this way, consult a local lawyer preferably senior or experienced in these type of matters.
Chances are there to get bail.
