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Biswajit Paul (Secretary)     25 April 2015

Absconders bail

My friend is an accused prolonged absconder (7 months) under section IPC 409/467/470/420/120B/34 & added 13 (1) D of PC act. The main accused enlarged with bail for I.O fail to submit charge-sheet within 180 days of his surrender/ behind bars. My friend is a co accused and police failed to submit charge-sheet till now. The I.O submit a part of charge-sheet but the trial court reject the same with direction to submit complete charge-sheet within 2 months. The time exed. Proclamation & warrent  is issued. 3 others co accused are enlarged on bail due to illness/treatment/fathers treatment etc. The case is based on internal audit reports observation, the department never show cause against him before lodge of FIR. The complain against him is misappropriation of 15 lakhs govt money, while he has lots of evidence in difence of himself. As a contract employee, he is bound to obey the higher officials, employer, violet guidelines and divert fund.

Please Please, send any suggession for him. what can he do now, surrender or what?



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 2 Replies

Kappil Cchandna (Expert Bail & Criminal Defence Lawyer at Delhi Supreme Court of India)     25 April 2015

Sir,

 

Biggest mistake is he has absconded, I mean if he is so sure of all the evidences he has in his favor and all then he should have not absconded. 

No problem if he has like strong evidence then its better for him to surrender and get the regular bail.

 

Warm Regards

Kapil Chandna Adv

9899011450

T. Kalaiselvan, Advocate (Advocate)     02 May 2015

It is advisable that he surrenders himself and contest the case on the basis of evidences and merits on his side.  What is making him to hesitate to challenge the case when he is not done any wrong?, His underground status will go against him.

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