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JollyGud (Employee)     19 September 2014

Anticipatory bail in funds misappropriation case:

Possibility of getting anticipatory bail in funds misappropriation case:

My Uncle is an employee/worker (Welder) in an office that comes under AP state govt. He has been working there from past 40 years. He is close to retirement and just has 2 more yrs of service left. There is a workers union co-operative society for which he served as a president from the past 10 yrs and ended his term recently in June 2014.

On behalf of the workers, the co-operative society (president & accountant ) work closely with the cooperative bank officials on a day to day basis. The co operative society tasks include getting lump sum loans from the cooperative bank every year, disbursing loans to workers, recovering payments from workers’ salaries every month and repaying them to the co operative bank.

The assumption was that this will save time and effort for the workers, as it will be easy for them to deal with the society which is located within the office premise, and the workers need not approach the cooperative bank which is far away.  The cooperative society acted as intermediary shop between cooperative bank and the individual workers.

Since last two months allegations have surfaced that some society funds(around 70 lakhs) have been mis-appropriated and the president( uncle) and accountant of the co operative society are being held responsible for it solely.  An FIR (sections mentioned: 408,420, 471,468) has been filed in the local police station by the new Co operative bank officials (new bank managers & board that took office in 2013) against  now ex-president (uncle) and accountant only, after doing just some preliminary investigation itself(for 70 lakhs principal + compounded, double compounded interests) . No cases have been filed against the auditors, who audit the accounts every year nor the old co operative bank officials who allegedly took bribes. I heard rumors that the auditors and the old co operative bank managers took bribes over the past years.

Now a detailed investigation ( 51 enquiry ) into accounts  was ordered (started 15 days ago) and just with the preliminary investigation results, FIR has been filed. Uncle and accountant are absconding. Society Accountant who gets paid(monthly salary) by cooperative bank got suspended.(accountant is not state govt employee)

Uncle’s fear is that if he is put in jail for 48 hours, then he might get suspended and will get only half salary for 6 months or might get suspended for good and lose his government job and the associated pension, retirement benefits forever. So he is absconding and applied for anticipatory bail .His plan is, as soon as he gets bail approved, he will come surrender & co operate for investigation. Please note that he did co operate for the preliminary investigation. Only after FIR was filed, out of fear, only then he absconded.

My Questions:

1)      1) Approached a local lawyer and a petition has been filed in high court requesting anticipatory bail. What are the chances of getting his bail petition approved in funds mis appropriations cases such as this?

2)      2) On what grounds state government employee can get suspended or loose job. Since he is a welder by profession that is his primary job and that is what he was hired for.Co operative society President is not what he is hired for.  Even if it identified that he is partly responsible for any of the mis appropriation of funds, will he still be suspended ?

3)      3) Will the 51 Accounts Audit enquiry,determine what part of that 70 lakhs have been mis appropriated by Uncle? If so, their kids are ready to sell their one and only one house and pay their share, just for the sake of saving their father.

4)      4)Even this has been communicated to preliminary investigation officers but even then they filed case against Uncle. What was asked from them is, just determine his share if any and he pays for it. How can be held responsible for all, what accountant misappropriated, and all the bribes taken by auditors yearly and old cooperative bank mangers . That too at the cost of loosing his only source of income (his govt job) and loosing his entire house and drag his family( innocent aunt house wife) onto streets( by selling their home).

Some layman thoughts:

1)      1)How can just these two individuals (president & accountant) be held responsible for everything for the entire amount of mis appropriated funds.

2)      2) What were the auditors doing all these years and for how much amount will they be held responsible for?

3)      3) How can this happen all thru these years without the knowledge of old co operative bank managers support and how their involvement (taking bribes etc..) can be proved. For how much share of the mis appropriated funds will they be responsible for?

While it is totally understandable that Uncle needs to come and cooperate for investigation, what would be the best course of (short term and long term) action here ? If he surrenders now, he might loose his job.

Please share your valuable insights dear law experts.Appreciate your help.

 

Thanks,

KPK



Learning

 1 Replies

prakash chandra jain (proprietor.)     19 September 2014

 the provisions of anticipatory bail is found in section 438cr.p.c.. anticipatory word is not used. it si not a right of accused. it can be applied to either the court of session or the high court for a direction that in the event of arrest of a person he shall be released no bail. here the word- shall- should not be  read as right. we must also read words- ifit thinks fit- means that the court is of view that there is no case,no culpability of person apprehending arrest. in matters of mis appropriations of money, chances of involve ment is pro bable. in my view, the court, considering such application must not allow it untill full investigation is completed.- prakash chandra jain advocate indore-mobile no-09479848437.

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