My father was 4th class employee in munciple committee in Haryana and Retired now after comeletion of his service . FIR was filed against him and a clerk under ipc 409 and 420 for the cheat in pension distribution of old age persons and continuing the pension of dead persons. Duty of my father was just to call the names of persons and to help the clerk when it's too much crowd. A sum of 9 lakhs rupees was submit by clerk in welfare department with 12% interest. charge sheet was filed against both of them , but my father got cleared from the case by S.D.M and D.C. In enquiry. But now the FIR is filed by welfare department against him under ipc 409 and 420. Can he get bail from session court and how to deal with it further.
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1.Since he is cleared of the DP he has got a good case in the criminal charges.
2, However first take bail and then think of next court of action.
3. Apply for anticipatory bail for your father first and once that is done challenge the case in high court by quashing.
4.However do note that closure of Departmental Proceeding is no excuse to avoid criminal prosecution. So prepare for the trial.
But someone told that ipc 409 and 420 is non bailable. Can we apply for the bail in session court ? Or only in high court ?
It is non bailable and that is why you need to apply fro anticipatory bail.
You can file the same either in high court or in sessions court.
Non -bailable means only court has discretion to grant bail or not.
section 409, 420 are non bailable offences
your father can apply for anticipatory bail before sessions court
it is true that section 409 read with section 420 of IPC are non bailable offences
1. you should file a petition before the high court under section 482 crpc for quashing of criminal proceeding.
2. however your father had no power to distribute such pension and also had no authority to take final decision regarding eligible candidates for such pension so no offence has made out against him.
3. according to Bajan Lal case no criminal proceeding shall be instituted or carried on against the person who is not directly involved in the case. vicarious liability cannot be imposed in criminal case.
Since the earlier case on the same subject was cleared and your father was released from that case, the fresh complaint by the other department is nothing but an act of taking revenge against him by some disgruntled elements.
He can apply for AB before sessions court on the same grounds that he was acquitted on the same subject earlier hence this is not maintainable.
You can apply for AB in sessions court itself.