• Bail in gwalior bench of madhya pradesh high court

Session court has dismiss the bail petition filed by crime branch of gwalior ..in section 420..468..471..120b....in job scam .2 people is still absconding,husband wife are in JC since 12.12.2016..and thy are not the main accused.thy have arrenge the people for job.they are the victim of 120b...can I get good openion from good lega; experts....Regards....
Asked 7 years ago in Criminal Law
Religion: Other

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6 Answers

1. Please appreciate that without seeing the contents of the FIR and the allegations raised against you no opinion can be made on the merit of the bail petition.

2. Since prime accused persons have not been apprehended as yet the bail of the couple is not likely to be allowed so soon.

3. However if they are alleged to be mere conduit and not the mastermind they can try their luck by filing bail petition in high court under section439 crpc.

Good luck.

Devajyoti Barman
Advocate, Kolkata
22920 Answers
498 Consultations

5.0 on 5.0

1) what are grounds for rejection of bail by sessions court ?

2) if you are aggrieved by order of rejection of bail file appeal in high court against impugned order

3) mention that they are the victims of criminal conspiracy and had no role to play in cheating the job aspirants

4) that they are not likely to abscond and have no prior criminal track record

Ajay Sethi
Advocate, Mumbai
95205 Answers
7607 Consultations

5.0 on 5.0

Dear Sir..

You can file the transfer petition in supreme court of india ...to transfer your matter in your city.....if the bail is rejected ...you can apprroach to higher court......for absconding accussed ...file the advance bail...in the court of law..

Regards

Mob-No-[deleted]

Feroz Shaikh
Advocate, Navi Mumbai
407 Answers
58 Consultations

4.4 on 5.0

Dear Concerned,

a. As the preparators are already in the custody but assuming they have least role - you may try filing bail application in the High Court. IF the scam does not involve high value transactions / fraud - you might be luck to get bail for these person. at least for the woman you may be able to get bail specially if she have kids.

b. It should also be considered that as your notes mention that the main accused is still absconding the court may choose not to give any releif.

c. It would be strategically good of you apply for the bail of the woman first and once the releif is granted to her by the High Court - file for the husband.

You may choose to call us for free consulting on your subject matter.

Best of Luck

Atulay Nehra
Advocate, Noida
1309 Answers
58 Consultations

5.0 on 5.0

If the sessions curt has dismissed the bail plea, you may approach the high court with a similar application.

You may put forth yor argument stating that the other accused are actually absconding and they are the people responsible for all this debacle whereas the innocent accused are languishing in the judicial custody for no fault on their side.

The arguments for enlargement of bail should be convincing and based on merits in your side.

This may draw the sympathy of high court to use their discretionary powers to grant bail.

T Kalaiselvan
Advocate, Vellore
85404 Answers
2236 Consultations

5.0 on 5.0

Without perusal of FIR nothing can be said about the prospects of the successive bail applications. So consult a lawyer with a copy of FIR. Even if the husband-wife are not main accused but some role is attributed to them in the commission of crime then they can be denied bail.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

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