• Anticipatory bail rejected two times - 420 IPC

I am studying law and also uunder training at my friends dad.

Theres a case of cheating where one lady introduced someone to her friend because that friend wanted to go abroad. After that, all the money trabsactions, conversations were made between those two parties and she was not aware of all that. Her friend gave that visa agent Rs 40 lax during a period of 5 years. But now that travel agent is absconding and the complainant made complaint u/s 420/34. Making both persons, that lady and travel agent, parties.

AB petitionv was filed in sessions court and later on in HC. BUT both were rejected. On the pretext that she took all the money and not that travel agent and he was a dummy character to cheat.

Now lady is hifing and want to appeql in SC as well.

What should be done in the case so that bail is granted and trial can be faced in order to prover innocent?
Asked 7 years ago in Criminal Law
Religion: Sikh

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10 Answers

Dear ..

According to your words..if the advance bail is rejected by the High Court..Then you can take the chance in supreme court..on clients risk........after that ..if Advance bail not granted..she must be surrender in the court of law..and must be file bail application ....and there are many judgments deliver by supreme court.....on quashing of F.I.R. before you file the quashing of F.i.r. IN HIGH COURT...please file the discharge application in session court......

Ram Narayan Popli v. Central Bureau of

Investigation

leading judgment...

Best Regards..

Aamir Naseem (Advocate)

Supreme Court Of India

Mob-No-[deleted]

Feroz Shaikh
Advocate, Navi Mumbai
407 Answers
58 Consultations

4.4 on 5.0

1) how was money paid by cash or cheque?

2) whether there is any cheque issued or any online transfer of money to lady account

3) whether payment made directly to visa agent?

4) if no money was taken by lady then she should stress on aforesaid fact that she had merely done the introduction and was not aware that agent was a cheat

Ajay Sethi
Advocate, Mumbai
95205 Answers
7607 Consultations

5.0 on 5.0

The prospects of AB in the Supreme Court are very bleak where it has been rejected by the sessions court and HC. On 9 out of 10 occasions the SC will dismiss it in flat 20 seconds without issuing notice. Be that as it may, without perusal of the FIR and the orders of the court below it is not possible to form an opinion.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

Please note that knowing the content of the FIR is essential before I proceed to dwell upon the merits of the case.

Appeal to supreme court lies only if AB is rejected by high court.

So if you wish to file SLP in court feel free to contact me. You can get by details from this site.

Devajyoti Barman
Advocate, Kolkata
22920 Answers
498 Consultations

5.0 on 5.0

if lady wants to contest the case and is ready to deposit the visa amount court should grant her bail

Ajay Sethi
Advocate, Mumbai
95205 Answers
7607 Consultations

5.0 on 5.0

enjoy the trial

Feroz Shaikh
Advocate, Navi Mumbai
407 Answers
58 Consultations

4.4 on 5.0

If economic offence like yours the court often grant bail on furnishing such security.

Since in your case she is ready to make such payment I think she has good merits of she prefers SLP in supreme court.

Devajyoti Barman
Advocate, Kolkata
22920 Answers
498 Consultations

5.0 on 5.0

The question of depositing cash sureties will come into play only if the bail is granted. There is no provision in law which permits an accused to deposit amount to contest the trial.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

Now lady is hifing and want to appeql in SC as well.

What should be done in the case so that bail is granted and trial can be faced in order to prover innocent

She can file a petition for AB once again in HC Delhi, get it dismissed and after that she may approach supreme court with a similar application.

She has to mention that she is not involved in any such crime and she is ready to furnish solvency to any extent on this as well as abide by the conditions that may be imposed.

It is based on the merits only.

T Kalaiselvan
Advocate, Vellore
85404 Answers
2236 Consultations

5.0 on 5.0

Now, accused is ready to furnish cash securities in the court. Because she wanted to fight the trial. She said she can deposit 30,00,000 in court if courtgrants her bail. Only to face trial and not to get bail only.

She has to first obtain anticipatory bail on any condition and at any cost.

She can plan about challenging the case at a later stage during trial.

She has to continuously file AB petition one in 15 days or one month.

T Kalaiselvan
Advocate, Vellore
85404 Answers
2236 Consultations

5.0 on 5.0

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