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devendra joshi (Law Manager)     07 June 2010

bail of company

when a compny is accused, can a magistrate ask for a company to take bail and furnish surity bond? Any supreme court judgement on this judgement.

Thanks in anticipation



Learning

 4 Replies

A V Vishal (Advocate)     07 June 2010

THE COMPANY REPRESENTED BY ITS OFFICERS RESPONSIBLE FOR DAY TO DAY MANAGEMENT ARE RESPONSIBLE AND ONLY THE PERSONS NAMED IN THE CHARGESHEET CAN APPLY FOR BAIL NOT THE COMPANY.

Daksh (Student)     07 June 2010

Dear Mr.Devendra Joshi,

As per Section 2 of the Companies Act, 1956 The Managing Director and the Company Secretary of a Company are considered to being the Principle Officer responsible for its day to day operations hence if a proceeding (criminal) is brought then prima facie the action is attributable to these two principal officers.

Best Regards

Daksh 

amarendra (lawyer)     08 June 2010

pls go through sec.305 cr pc it may be of some use as it says about the procedure when corporation and regd society is an accused.


(Guest)

IN CASE ANY CRIMINAL CASE IS FILED AGAINST ANY COMPANY AND ITS OFFICERS THEN JUDICIAL MAGISTRATE MAY ISSUE SUMMONS TO THE AUTHORISED OFFICER/DIRECTOR WHO IS NAMED AS ACCUSED IN THE COMPLAINT TO APPEAR BEFORE THE COURT .IN CASE EVEN AFTER SERVICE OF SUMMONS THE SAID PERSON REMAINS ABSENT ON COURT DATE THEN COURT MAY ISSUE WARRANT AGAINST SUCH PERSON AND ORDER POLICE TO ARREST HIM AND PRODUCE BEFORE THE COURT.HE MAY FILE A BAIL APPLICATION AND FURNISH SURETY AS PER DIRECTIONS OF COURT IN BAIL ORDER.PLEASE NOTE.

THANKS.


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