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viveksingh (pa)     30 September 2010

fraud case under 420,467,468,471

sir

i am posted as postal asstt. in department of post india.I raise the balance of some near relative in the ledger and computer also and take payment . so account goes in minuse balace  for total Rs .858000.

after some time i deposit all the money Rs 858000 in concern account and clear all the minuse balances. Department put me in suspension from 15/06/2010 , till date no chargesheet has been served . now department filed a FIR under ipc section 420,467,468,471 . in FIR shows that no loss has been pending.

    I want to know that in this case the lower court will give me bail or not. If lower court not give bail then high court will give me bail or not. Kya mujhe arresting stay mil sakta hai.please give me full suggestion.



Learning

 6 Replies

hanush jindal (advocate)     30 September 2010

to give anser u we hav to see ur fir  as for as the sec r concerned u get bail from the session court as these offences r tryable by lower court and u get bail as nothing left recover from u and all doc r in the possetion of the comlainent and custodial introgation is not required

Gurpal singh (Assistant managar Legal )     30 September 2010

plz apply for surrender bail in CJM

 

 

regards 

Gurpal singh

RAJENDRA (ADVOCATE)     01 October 2010

U SAID NEAR RELATIVE WHICH IS THE KEY WORD IN THIS CASE

IF UR RELATIVE HAS NO GRIEVANCE THEN NO CASE IS MADE OUT AS U R ACTING AS HIS AGENT

IF UR RELATIVE IS ANGRY THEN HE CAN PROCEED AGAINST U U/S 409 IPC FOR LIFE IMRISONMENT

IN CASE UR SAID RELATIVE IS SUPPORTING U, U WILL GET BAIL AS HE WILL RATIFY ALL UR ACTS

GOOD LUCK

RNDATT

09426561072

Balbir Singh Chauhan (lawyer)     01 October 2010

Here the agrrieved party is the postal department. As u said the whole deficient amount has been submitted by you and nothing is left to be recovered from you. the case falls under the misappropriation of the department funds.(420, 467, 468, 471 can be seen from the FIR whether its made out or not.)

However, the its a fit case for bail as the offence is triable by lower court and the nothing is left to be recoverd from you and the the money is deposited by you sou motto(if I m right).

Other thn this u can also talk with the higher authority of the postal depatment to enter into a compramise.


(Guest)

By depositing back the money, you have established a mens rea which doesn't go by profit or losses. You can can an interim stay from a higher court.

DEEPAK ASSOCIATES (08010117611)     15 October 2010

It is the discrtion power of Court no body can tell u about bail. however there is good chance to get bail


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