False case u/s 467, 468, 471, 420 and 120B

You wanted suggestion hence you chose this forum seeking solution to your problem. However you seem to have already approached court seeking remedy, now what makes you repeat the story here and seeking suggestions for the same remedy. you may wait for the outcome of the case and then revert for more suggestions in case the case is not decided in your sister's favor.  May I point out that 439 IPC is for theft on vessel.  Bail is CRPC proceeding under same section. 

 

You know, something somewhere does not sound quite right here. A lady being taken into police custody for purchase of an iPhone 6S on forged documents - on the top of it, being sent to Judicial Custody - lady being led to crime site for recovery by police - all that in city which has, as per you, a Metropolitan Magistrate, not a Judicial Magistrate First/Second Class so presumably a Letter Patents city, not some backwaters.

As they love to say, your story does not inspire confidence. Without meaning to be disrespectful, I really wonder, on who's behalf you've put up this query. 

As I clearly wrote above that the friend of my sister did the crime and without knowing the fact my sister accompanied her friend at the time of crime occurred. Which is also recorded in CCTV as well. In the last conversation with my sister in JC lastly she clear it that during JC police given her two options. 1- either she helps to catch real culprit or 2- she take all charges upon herself that she has done the crime. Now where is the justice when she helped police to find out the real culprit but police failed and forced her to accept the crime which she never done as well not aware about that any crime took place. Now my only question is as she is used by criminal and police both though she is innocent. Would she get bail on 21/03/2017. If not then how would she get the justice.

You have very carefully tried to paint your sister as innosent.

You are not clear about the fact :-

 

1. How third person can get a copy of the electircity bill of her landlord?
2. this bill was used as address proof or otherwise?
3. any bank cheque given by the so called frind of your sister?
4. any ID proof given by her if so whether genuine or forged?
5. what are all the events that happened from default and upto FIR?
6. what happened between FIR and arrest?
7. How and what type of handwriting can match?

The finance company was initially just interested to get the money only and they give FIR only when they are compelled.  You have not intimated how your sister responded to them.  Obviously she missed a chance of refunding the loan in time and getting the matter closed.

 

You are asking where is the justice?

you just realise that if you had given a loan under these circumstances based on forged documents and only one of the person is available who had activelyhelped the transaction by giving the electircity bill (may be a few more document which you do not know) then:-

• why at police and finance compnay should not be convinced that she was in connivance for loan as well as for absconding of the friend.
• why police should not put  the entire charge on her when she is unable to locate the so called friend.

Police (as appering from your information) has not sought remand of her and made her to coax the whereabouts of the so called friend.  You have reason to believe police is acting with compassion.

 

Still you should consider falling on feet of finance compnay by refunding entire loan so that they become mercyful and agree to withdraw the charges.

In any case you are going to spend much more in litigation.

I understand your logic and perception. But if accused would be guilty then she must be absconded but just opposite of situation she(my sister) even not aware about the crime (documents forge) and moving with her normal life along with her kids. Moreover on that day at the showroom even she wished to buy a smart phone and proposed for a loan of 28000 on her own documents. But it has been rejected by the said finance company. Then she decided to buy it in cash later on. So how could I believe that for the said crime she should be behind the bar. So going through very 1st evidence CCTV footage, its clear that two lady enter in the showroom. Subsequently provide their documents. One provide her own original documents which may be verified for Enquiry purpose and other who accompanying her provide her documents and obtain a mobile phone of value 51500. Further its proved that the other lady obtained the mobile phone provided fake documents. So far police is unable to produce that lady to the court and my sister is waiting for judgment.

I understand your logic and perception. But if accused would be guilty then she must be absconded but just opposite of situation she(my sister) even not aware about the crime (documents forge) and moving with her normal life along with her kids. Moreover on that day at the showroom even she wished to buy a smart phone and proposed for a loan of 28000 on her own documents. But it has been rejected by the said finance company. Then she decided to buy it in cash later on. So how could I believe that for the said crime she should be behind the bar. So going through very 1st evidence CCTV footage, its clear that two lady enter in the showroom. Subsequently provide their documents. One provide her own original documents which may be verified for Enquiry purpose and other who accompanying her provide her documents and obtain a mobile phone of value 51500. Further its proved that the other lady obtained the mobile phone provided fake documents. So far police is unable to produce that lady to the court and my sister is waiting for judgment.

So now you mean to say that your sister was not even connected to that lady (whom you earlier claimed as her friend)

You are instead of clearing the facts, causing more confusion by new facts. You have now stated that your sister attempted a loan on these documents which was rejected. Why it should not be believed by everyone that she got help of some expert (whom you were telling her sister) and successfully committed fraud.

I repeat Still you should consider falling on feet of finance compnay by refunding entire loan so that they become mercyful and agree to withdraw the charges.

Settlement is best way out.  Kahe ko ye sab magachmaari???  agree with above expert.  Fall to feet of financier, say rehem malick rehem.

Yes, she is entitle to get the bail and the said obtained bail may be extended depending upon the merit of the case.

any effort made for settlement with the company?

better pay their loan instead of paying multiuple amount to lawyers.

Miss Somali, I am from Bangalore. I am not aware, where are you from which place. Understand the law. Bail is the basic fundamental right of an accused, that to, if lady. The outcome of the case, is fundamentally same for both s*xes. Getting bail is in the hands of your lawyer & the basic evidence, by way of statement in the complaint of the complainant. These are the only way to get the bail from the court. How to handle the case is next step. If you want more information, call me, I shall clear your doubts. My number is +919731110296