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MAK (Self Profession)     24 July 2012

Regular bail section 420 and 409

Sir,


One of my friend working as a Chief Manager in Nationalised bank has caught in fraud case.

He shared his userid and password to the Manager operations to scan the customer specimen signature.

Manager operation miss used his ID and Password to  to do the fraud transaction. However my fried did a loan and repaid the fraud amount of Rs 62 lacs. Aftre recovering the fraud amount bank has lodged the complaint and police registered the complaint under section 420 and 409. He applied for anticipatory bail in seesion court and rejected. Then he moved to high court and withdrawn the application in a liberty to surrender before the trial court. High court directed the lower court saying that in case of surrender the matter should be disposed not later than four days.

Then my friend surrendered before the trial court and trial court rejected his regular bail. meantime police has taken my friend into police cutody and have said that accused is no longer required by police for further investigation and nothing is to be recovered by accused.

Then my friend move to session court and there also his regular bail got rejected. Now he is planing to move to high court. Can any body suggets what is the best way to get the bail



Learning

 6 Replies

surjit singh (Assistant)     24 July 2012

This is a case of fraud, since it appears that your friend have repaid the fraud amount, you can approach the bank for withdrawing the case, and if the bank who is the complainant agree to withdraw the complaint you can file an application under section 320 of Cr.P.C. before the CJM Court for permission to comprimise the case. If the bank does not agree who has filed the complainant  the only option is to face the trial.

For getting bail you can approach the high court for regular bail, after showing the custody for some time, and showing that the process of investigation is almost complete.

Adv.R.P.Chugh (Advocate/Legal Consultant (rpchughadvocatesupremecourt@hotmail.com))     24 July 2012

If the bank agrees for a compromise - then file a 482 and not 320 (since 420 is non compoundable) since all the money has been recovered - HC would, as per the trend, quash it on the basis of settlement and futiilty of further prosecution.
1 Like

shilpi (writer )     28 July 2012

Hi Everyone ...

Pls help me to resolve an issue. My friend's mother was working in Anganwadi in a village in UP. She and her husband has been charged under section 409 for stealing 3 sacks of food grains which was for the Anganwadi children. The case is falsely filed and they both are innocent. They have requested for a stay against arrest from high court but it was rejected. They have also filed a bail plea which is also rejected by the magistrate. They both are not arrested yet. Plz tell me if they are arrested, are their any chances of getting bale. And does this case is so serious that it is filed under section 409 for just 3 sacks. Plz help me out and suggest how they can get bail? the FIR was filed between16 -18 June 2012. Plz reply me as soon as possible.

Regards,

Shilpi

Ranee....... (NA)     30 July 2012

Hi shilpi you start a new thread to get proper attention and legal remedy.Also post it in expert section of this site.

Payal (Software engg)     05 August 2014

Hello,

my father worked with a person as an agent to send people abroad. Everything was fine but one day that person and company gets disappeared. My father already spent much money in that. the clients are now saying to my father to return their money. and one of his client has charged FIR against him. My father is away from home now so that police could not caught him. 

 

Please suggest what should we do now?? How can we grant a bail? What is the Process? For how many days my father has to stay away from home? And how many days are required to take a bail.

Please suggest fast as we are in a big problem.

Nivedita   19 September 2020

Getting bail in 420 IPC can be a daunting task.. This- Bail in 420 has proven to help my friend with the legal matters involved with it. It might solve your queries too!


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