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prajwal (cmo)     09 May 2013

Bank fraud involving a habitual offender

Dear All,

This is regarding a bank fraud case involving my uncle and a busineeman. The businessman came to my uncle who is chief manager of a bank with a proposal that he has got a offer from a government for his products taking that into consideration my uncle released a od of 19 crores over a period of 1 month 3 days in more than 9 transactions and all through RTGS. An Ias officer too was involved influencing my uncles decsion as he said he is the one who is getting this order processed and taking his and the busineman words into consideration the amoutn was released to avrious accounts in mumbai including a jewller store.The sole intention of my uncle was to get that order amount as deposit as it went above 80 crores.

But after a month and 3 days the bank lodged complaint and the businessman as well as my uncle are put behind bar under sec 420 406 and 409 now for the facts of this case

a) the amount has been released for a month and 3 days which clearly indicates that all topofficials including the head of the section was aware of it but in the complaint they have said they were not aware of it

b) police have done their investigation and have found out that the order which the businessman had produced were fake 

c) also a habitual offender who has cheated people of four states by more than 1000 cr isthe person who impersonated as an ias officer and influenced in releaing money and the same was published in all leading newspaper currently the person is absconding. He had also approched the high court seeking ab for the same cas which was rejected by bank's intervention.

d)unfortunately my uncle and the businessman have never met this fellow personally and the entire thing was done on phone and email conversation

now both of them are purely innocent in this case in case of my uncle his itention were to get that deposit and the business man torpocure that big order. both of them are behind bars now almost in their 48th day of remand please suggest me on what basis can bail be obtained and how to go about this case in the long run with a habitualoffender involved??



Learning

 6 Replies

RAJIV BHASIN (ADVOCATE) (Bhasin Legal Consultants(SOLICITORS & ADVOCATES) bhasin.laws@yahoo.com 9811210505)     09 May 2013

Dear Prajwal, Please under stand that sections imposed are not simple one. your uncle will get bail when 60 days under custody will over as per section 167 Cr.P.C. As per the facts there is no ground to get bail for your uncle as the amount is huge. Moreover your uncle has released in different accounts, which goes against him that he knowingly released the amount in different names. The chances are bleak. He has to face trial to prove his innocence. All above may have knowledge but they were not instrumental in advancing loan in favour of businsess man. So don't worry after some time he will get bail either after 60 days of custoday or on filing of chargesheet by the police. now it is matter of time. Rajiv Bhasin Advocate bhasin.laws@yahoo.com 9811210505

prajwal (cmo)     09 May 2013

Thank You sir,

Please can you share as to how we can get him out of this mess in the trail or in the long run?? what are the ossible outcomes?

RAJIV BHASIN (ADVOCATE) (Bhasin Legal Consultants(SOLICITORS & ADVOCATES) bhasin.laws@yahoo.com 9811210505)     10 May 2013

Dear,

 

Prajwal,

 

It cannot give any time frame to you, it is too early to say anything at this stage.

 

 

Rajiv Bhasin 

bhasin.laws@yahoo.com

9811210505

1 Like

abhishek (advocate)     10 May 2013

prajwal in ur case argument for bail should be that ur uncle can be gulity of negligience but he is not guilty of criminal act supported by the other facts such as he was not the beneficiary etc. In one my case there was almost same issue like urs involving crores of pension scam and in that case the Hon'ble Raj. High court was please to grant the bail on the same argument. bail is always the discretion of the court try ur luck with above mention argument

1 Like

prajwal (cmo)     11 May 2013

dear sir,

whether my uncle gets mandatory bail after 90 days? or will sec 409 come in the way of it? p

Sudhir Kumar, Advocate (Advocate)     02 September 2013

the bail he may get.

 

the case does not appear to be so simple.

 

was it a govt bank


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