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sachdev (Self)     17 July 2011

Bail rejected for 406 - 420

Hi,

My brother and 4 of his friends were paid around 45 lacs by an investor for business deal, for which there is no contract signed. The business scheme did not work out and the investor (complaintant) complained to police that the 5 of them have cheated him intensionally and he wants his money back. Now that my brother and his friends have already invested this amount to their business, it went in loss and they were left with only 15 lacs.

Police registered complaing under 420 / 406 and they nabbed my brother and my brother gave 5lacs that was left with him. 4 of his other friends went absconded hearing this news with the balance amount, fearing that what would happen to them.

Now, we applied for bail with city magistrate and the judge rejected the bail stating that amount is huge, and he need to detained untill othesr are caught and that he will tamper investigation. We moved to sessions court and it was rejected too.

Now we plan to move the bail to the high court.

Kindly help me to understand the following:

1) He has already given back to police 5 lacs and helped the investigation, they made him accused 5. He was detained in police custody for 7 days and then sent to judicial custody stating he is no more required for further investigation. Hence, why does the court does not grant him bail?

2) The complaintant does not have any agreement signed nor a proof that he have drawn the money from bank. No evidence is provided in front of the honorable court. Hence it is sure that complaintant have given black money. In this case, how can police register a complaint when the source of the fund is illegal?, same time, why does not the court grand bail on this ground?

Kindly suggest the points to be raised for next level court.

Thanks

Sachdev
Pune



Learning

 7 Replies

THANKACHAN V P (Advocate & Notary)     17 July 2011

1.Usually courts are reluctant to grant bail when some accused are yet to be arrested in a case involving huge amounts .As other accused may not get anticipatory bail in a case like this advise them to surrender at erliest and apply for regular bail.Then it willbe  easy for your brother get bail.

2.Kindly bring the attention of the HC that your brother have already returned 5 lakhs and co operated with investigating agency and also the other facts narrated above.(Color of the money is not much material for registering FIR ) HC may grant bail to your brother on some stringent grounds.

1 Like

sachdev (Self)     17 July 2011

Sir,

My brother have no contacts with other accused and I believe they will not surrender fearing police would harm them. In such case my brother cannot influence or convince them to surrender. Considering this fact, on what grounds we need to approach the HC to get a bail.

He has cooperated with police, and they do not need him for further investigation and he has been now sent to JC. Police is now searching for other accused.

We have already pointed out all these facts in SC, and again the bail was dismissed. The PP objected only with the point that " Investigation is not over, other accused are absconding, money has to be recovered, once my brother is out he will tamper investigation, hence bail should not be allowed".

Considering this situation kindly advice what are the merit legal points that we need to focus on HC to grant a bail.

THANKACHAN V P (Advocate & Notary)     17 July 2011

Sachdev,

I have nothing more to add.Nowadyas courts looking facts of the case than Law.As your brother is Judicial Custody there is every chance of getting  bail on condition.

1 Like

sachdev (Self)     20 July 2011

How can I find judgements of similar case where accused has been granted bail. 

THANKACHAN V P (Advocate & Notary)     20 July 2011

No citation is required for granting bail in 406 420 offences.

sachdev (Self)     28 July 2011

Infact one more accused has been caught by police, but they are not showing him as arrested as they need to trace other accused using this person. Is the possibilty to get bail for my brother is more, if police show that one more accused has been caught?

Sajeev Menon (Legal Consultant Dubai 00971 508836442)     28 July 2011

Hi,

As Mr.Thankachan stated you can approach the H.C by emphasising the fact that your brother has returned 5 lakhs and he has been under going remand for such period. Regarding the merits of the case, you can state these things in trial stage or while approaching H.C to quash it.


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