cpc

court denied hearing the investors’ in-person


We are investors of a limited company and invested our hard earned money towards purchase of Plots in their different projects during 2006.

The CMD of the company was arrested by Economics Offence Wing, Delhi Police on 03.05.2014 by imposing charges of cheating and duping of crores of money u/s 420,120B,409. This was confirmed by press release dated 06.05.14 by DCP EOW.

The company requested for the bail to Court which was rejected by Chief Metropolitan Magistrate on 23.05.14.

The second bail application was granted by District & Session Judge of court on 07.06.14 allowing interim bail for 6 weeks with direction to ensure that the remaining amount is also duly refunded to every disgruntled investor.  Interim bail was extended by ASJ on 05.08.14, 06.09.14, 15.10.14, 13.11.14, 20.11.14 and next date for hearing is on 25.11.14.

During the last date of hearing, court directed to hear only lawyer of the investor, Public prosecutor or IO of DCP EOW and denied hearing Investors who wanted to present his case personally.

We wanted to know following information from the club:

1)      Is there any limit for interim bail? (Total 5 months and 21 days completed).

2)      Permanent bail can be confirmed by ASJ whereas first interim bail order was passed by District & Session Judge.

3)      Whether court may deny to hear the disgruntled investors /or their authorized representative but not a lawyer.

4)      The poor disgruntled investors can not hire the Lawyer. Is courts are only for rich peoples. Whether they have rights to present his case in front of court.  

5)      Whether Audio video recording of the court proceedings are permitted.

 

6)      Whether Human rights commission or any NGO may interfere in this case. 

 
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advocate/counsel supreme court

1. bail is a fundamental right. the accused con continue bail as long as he regularly attend the relevant police station.

 

2. there is no limit till the really case is finalized;

 

3. indigent investor can take legal services committee help attached to the relevant court.

 
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