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Rishubh S   26 June 2021

Seven lakh to deposit as condition for regular bail

While hearing the regular bail the court has imposed condition to deposit 7 lacs rupees within 35 days after release but i hve not received any money and falsely made accused of the crime. But issue here is i dont have money to pay we are facing huge financial problem. On the advise of one advocate we approached SC but SC dismissed our petition on the same day, may be advocate was not good or whatever be the reason..
Now i have no idea what to do and NBW has been issued as per my knowledge.

Kindly suggest what to do??
FACTS-
1-No amount has been received by me either cash or in account.
2- Not named in FIR
3- No statement by complainant against me.
4- Arrested from home but shown that running with other co accused


Kindly suggest any remedy.. And your details if you can help
Thankyou


Learning

 32 Replies

anil (Advocate)     26 June 2021

you can go for quashing subject to the facts or you can engage another counsel
1 Like

G.L.N. Prasad (Retired employee.)     26 June 2021

Please do not repeat same query again and again.

 

1 Like

N.K.Assumi (Advocate)     26 June 2021

Are Indian courts only for  the rich people, who can purchase  their liberty? Such issues always reminds me of iluminous Judge llate V.R.Krishna  Iyer.

1 Like

G.L.N. Prasad (Retired employee.)     26 June 2021

Please do not blame the system and law without stating the fact and nature of the crime of the accused.  When a co-accused was given bail, the others must also get bail.  Inform the amount involved and the victims of such crime.  If the complainant and accused also blame the system, there is no meaning in a democracy.  Judging a judgment and posting it in an open forum is not fair.

1 Like

P. Venu (Advocate)     26 June 2021

Where is the question NBW in the given when, admittedly, you are in custody and seeking regular bail. Please come clean with facts.

Rishubh S   26 June 2021

When i was in custody they imposed a condition and after release i was unable to fulfill the condition so again they have issued nbw to arrest, i dont know what to do
As far as fact is concerned the complainant has lost around 20 to 25 lakhs as per FIR as invested in many fake companies none of them owned by me, never i met him, not a single penny i received in my account... After all this if it comes in your mind that there must be some reason that i have been arrested that i dont have answer right now.. And its a matter of trial my simple concern is why should i pay money even before the proof of an offence??
What if i would be acquitted??
Who will return that money??
I have faith in judiciary that if i have not done any wrong than nothing will happen but the torture that i am going through constantly since last 9 to 10 month...

Dr J C Vashista (Advocate)     27 June 2021

Terms of bail for furnishing bond of Rs. 7 lakh is exaggerated, however, without going through contents of the case nothing can be advised.

contents of FIR shall form part of final report/ charge sheet, for which onus to prove is upon prosecution.

change the lawyer if you are not satisfied with the lawyer engaged by you. 

Rishubh S   28 June 2021

I have changed the lawyer but everyone is saying now nothing can be done and we have get it dismissed by the supreme court also so other lawyers are saying that now all the hope has been finished.. And we dont have to deposit the bond of 7 lakhs we have to give hard cash to the complainant even prior to the trial of the case.. If any of you think u can pursue my case or do anything kindly provide the reference so that i can tell you all the case details

N.K.Assumi (Advocate)     28 June 2021

Question is "While hearing the regular bail the court has imposed condition to deposit 7 lacs rupees within 35 days after release" Only twio facts in issue arise in the present Post. That  Rs.7 lacs is for surety for bail? if yes, the SC has clearly exceeded its jurisdictions, if it is for disposal of the case, how can the SC dispose the case on bail application, either way, the Judge has clearly exceeded its jurisdiction.
 

P. Venu (Advocate)     28 June 2021

You are playing hide and seek with the facts and suppressing the real issue. Please post complete facts.

1 Like

Rishubh S   28 June 2021

Sir it is not surety it is condition to deposit the amount, and i am not playing hide and seek if you want to see the bail order i can provide you. Wherever you all say. But here the main issue is arbitrary they have just imposed condition of seven lakh without any basis...only fact is that i have not received a single penny and advocate suggested that judge will not give bail without imposing condition or penalty we thought that it may be 50k or max 1lakh but he imposed 7 lakhs. We said to advocate that why u agreed to that then he said he was imposing 10lac penalty just because of me he decreased it to 7 lac.. Now time is over, SC has outrightly rejected to listen saying that why did you accepted,.. Now i dont know what to do and what will happen to that money if i won the case and proven innocent

N.K.Assumi (Advocate)     28 June 2021

Issue at hand is not whether you received a paise or not,, as that is a matter for consideration at the time of trial,and as of now, the issue is  whether you are entitled for bail oe not. Question of penalty is unknown to Law in considering bail application. The only  consideration for enlarging the accused on bail is engrafted in the Law itself,which the SC must take into consideration. 

P. Venu (Advocate)     28 June 2021

What prevents you from posting material facts?

Is it a complaint case or a police case?

What are the offences alleged?

If a Police case, have you been arrested?

If not arrested, how come the question of bail?

Is the amount directed to be deposited surety or deposit?

What is the case number and which court the case is pending? etc etc.

1 Like

Rishubh S   28 June 2021

Its a complaint case and offences alleged is that we have made a gang and duped innocent peoples money by luring them in false investment promises.
We had been arrested total 11 people so far has been arrested i am on bail but i have to deposit 7 lakhs
Its not an surety deposit, surety requirement we had fulfilled prior to coming out of jail. That is 2 surety of 1.5 lakh each. Bow i have to deposit 7 lakhs to complainant on what basis they have come to this calculation i dont know.
One accused in whose account lakhs of rs has been deposited got 2 lakhs order
One accused again who gain 7 to 8 lakhs in account got no condition of depositing money
I had received no money but the court order 7 lakh rs to deposit.. Everyone says why your advocate accepted the condition its his fault but the problem is we are at the receiving end.. We discussed with one lawyer he said Dont worry SC will listen to you. But the same happened there court said why did you accepted the condition. Now i dont know where to go. Whatever Usmani sir said same is my concern.
And the case trial has not started. Its still in the earlier stage. Section 420,467, 468,471,66d it act has been imposed

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