Criminal Trident Pack: IPC, CrPC and IEA by Sr. Adv. G.S Shukla and Adv. Raghav Arora
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Sandeep Sharma (Pvt Job)     27 September 2017

Help regarding 306

Need experts advice.

An employee of my brother's company was cough in stealing goods from factory and selling outside. When came in company's knowledge, employee didn't turn to join office next day as the manager asked him for the delivery challans & documents. Company waited him for 1-2 days and called up saveral times and also checked at his home. He was not at home and his wife tried to call him and factory people talked to him to come to factory and discuss the matter but he deny to come to office and for any meeting.

Than company reported to police station for the stealing goods from factory and selling outside. After 2 days his missing report was filled by his family member and our statements were recorded by police in that week. Than FIR lodged by company against him for the theft. After a week, his body was found with poison. His family member lodged FIR under 302, 210 & 120B against brother and other colleague that he was murdered.

FIR of theft was investigated and closed after investigation and verifying the goods sold to some person and their statements were also recorded by police. He was found guilty of offence IPC406.

Police have changed the FIR to IPC 306 and 120B saying a sucide note was found with body with 5-6 names.

It’s been almost 5-6 month so company's lawyer have submitted petition to high court under IPC 482 and stay for any arrest because the FIR is totally baseless and only to clean the face from FIR lodged by the company. Court have given date of next month for hearing and ordered to SHO to submit reports.

But just after 2-3 days of quash application, police arrested brother from the office (After almost 8 month of incident). Rest people still not found.

Brother is in jail and we are really worried as looking at scenerio we are not able to understand what to do here.

Bail application in lower and ADJ court have been rejected without commenting anything.

Please help.

 



Learning

 7 Replies

Siddharth Srivastava (Advocate)     27 September 2017

You have the option to either challenge the order of district court rejecting the bail or to wait sometime and apply fresh for bail. For rest so far it relates to merit of the case it is advised to consult a competent lawyer with all details and case papers. Your brother seem to have good case and as such no case is made out u/s. 306 IPC and the act of police seem to be in hash and hurry in order to save their face.

1 Like

Sandeep Sharma (Pvt Job)     27 September 2017

Thank you sir for quick reply.

Yes. act of police seem to be in hurry in order to save their face.

Brother's company is taking help from lawyer to get this sort out but there are few questions in mind.

if police had a sucide note with names why it took 7-8 months to do any arrest. is it possible?

SHO was transfered last month, is it possible to make a report was made in hurry and without proper investigation in pressure of the applicants.

After missing report of him, almost a week later body was found. Why didn't they took his call records and performed investigation. (as per PMR, body was only 24-48 hrs old when found)

Company's laweyer have applied for stay and quash, did police arrested in reaction of that? Court have  given date after a month.

is ADJ court do not have power to grant a bail in such scenerio. They just copied and pasted order of lower court.

There were 5-6 names in sucide note but only brother is arrested yet. Will this impact to bail application of my brother?

Thanks again for your time.

Sandeep Sharma (Pvt Job)     31 October 2017

By the GOD of grace bail was granted fron Hounrable HC last week.

Chargesheet/challan is not filed yet as rest of accused are not found yet. 

Came to know some facts as there was arguments in HC.

Have some question, The FIR lodged by the family of decease under IPC 302,120B etc after body found but as per IO they have found sucide note neadbody itsef. PM of the body was done on same day and FIR was also lodged that same day. 

We are in doubt, if they have found the note, why police didn't filed the FIR under 306 and why nothing was done till 7-8 months after FIR of 302 and finding of note with body itself.(Which we really doubt. As per IO, the note was verified from FSL and found positive in his writing.)

What caution can be done from our side.

Siddharth Srivastava (Advocate)     31 October 2017

As such nothing is required to be done. The content of your query are argumentative in nature. Maintain your coolness, donot be argumentative with police etc, donot reveal you version. Let the police to file charge sheet then make your defence. Till charge sheet is not filed maintain silence.

Siddharth Srivastava (Advocate)     31 October 2017

As such nothing is required to be done. The content of your query are argumentative in nature. Maintain your coolness, donot be argumentative with police etc, donot reveal you version. Let the police to file charge sheet then make your defence. Till charge sheet is not filed maintain silence.

Siddharth Srivastava (Advocate)     31 October 2017

As such nothing is required to be done. The content of your query are argumentative in nature. Maintain your coolness, donot be argumentative with police etc, donot reveal you version. Let the police to file charge sheet then make your defence. Till charge sheet is not filed maintain silence.

Sandeep Sharma (Pvt Job)     31 October 2017

thanks a lot sir for your time.


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