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chanderKant Tyagi (Consultant)     27 August 2013

Bail 408 ipc

Sir,

one fir is registered u/s 408 IPC against three persons.

Brief fact of the Fir is:

A was posted as warehouse manager in a logistics company and was handing the AIRTEL raw goods.  on the instruction of his senior for shifting some goods from one warehouse to another he loaded 4 trucks. the said trucks were arranged by the logistics company itself from some local transporter. during the transfer only 3 trucks reached and one truck material was unloaded to some another truck by the driver.

During inquiry by the transpoter driver states that he unloaded material on the instrcutions of warehouse manager. Further manager dipose that he gave instructions after requested by the senior manger of  Airtel.

 

Now police had made 3 accused. 1. Driver  2. Warehouse manager  3.  Senior manager of Airtel

No Recovery had taken place and on the name of evidence police have my confession and co-accused discloser statement.

 

FIR was registred on 29.05.13  and i am appearing for accused no.2  warehouse manager.

 

Number of times police summoned accused no.2 and each n every time he joined the investigation. finally on 31.07.13 police officially arrested the Accused no.1 and 2 and 3 is still at large. police have obtain NBW's against him.

my First session bail was rejected on 13.08.13  the ground of  as the main accused is not arrested and no effective revocery had taken place.  Today itself session court had taken a same stand.

 

i am in JC from last 28 days and no useful purpose will be serve by keeping me in.  police has miserably fail to arrest the co-accused no.3 in last 3 months .  

Kindly suggest me any authority for taking bail in such situation as am planning to approach the Hon'ble High Court. 

 

Thanks In Anticipation

Chanderkant Tyagi



Learning

 1 Replies

Kappil Cchandna (Expert Bail & Criminal Defence Lawyer at Delhi Supreme Court of India)     28 August 2013

Dear,

 

I think its not very difficult for you get bail, because your conduct shows that you are always available when needed and there looks no chance of you to temper with evidence or abscond.

I think a you should present your case well and you will be out.

Advocate kapil Chandna

9911218741


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