Follow up question on earlier query
As mentioned in my earlier query the cashier was in judicial custody since 11.06.2018 and ultimately released on bail u/s 439 on 30.08.2018 and charge sheet is already submitted. The investigating officer has not arrested me though my earlier anticipatory bail u/s 438 was rejected earlier in April 2018 by sessions court but charge sheet reflects I am an absconder and hence warrant will get issued by the learned ACJM of the trial court. I have not yet moved high court as a senior advocate of Kolkata has guided me to move the anticipatory bail application again at Sessions Court under change of circumstances of factors considering charge sheet submission by IO & principle accused(cashier) is on bail. The current judicial bench of Kolkata High Court is stringent on views of Section 409 as adviced by the same Senior Advocate.
Request views what should be my correct step at present i.e. should I apply anticipatory bail again at Sessions Court considering the change of circumstances where the charge sheet is submitted and principal accused is on bail or should I move my application at Kolkata High Court? I also thought of the option of surrendering to ACJM of the trial court but since section 409 is invoked it might be difficult for ACJM to grant bail though it is a magistrate triable offence of first class and the cashier had also received bail from Additional District & Sessions Judge earlier & not from the ACJM of trial court.
My basic question as a layman is even though section 409 is invoked police investigation is already completed as charge sheet is submitted & principle accused is already on bail hence question of my custodial interrogation does not arise anymore,hence is there any logical ground for decline of anticipatory bail if I move it in Sessions Court or High Court.
The last point is even though IO has understood that both me & the cashier has been falsely framed in the case yet he has filed charge sheet against both of us instead of FRT(Final Report True).My advocate who is a senior personnel of the lawyers fraternity in Kolkata High Court has commented even though there is an option of FRT police normally prefers chargesheet. Only if the case is a high profile or politically driven police try to work on the case else they end up framing a loophole driven chargesheet if they feel it is a false case so the accused get bail and this is exactly what has happened in our case till date. The IO has been supportive till date and has been in regular touch but my bail is urgent.Request support please.
Asked 5 years ago in Criminal Law
Religion: Hindu
I have received anticipatory bail(u/s 438) by Honourable District & Sessions Judge Hooghly District Court on 26/10/2018. We have collected the charge sheet copy & 161 statements but there's no mention of any specific allegation against me. I am willing to go ahead with quashing(u/s 482) the FIR & Charge sheet vide Honourable High Court Kolkata. Seek guidance on the time taken approximately by High Court & are the chances strong at this stage considering I have already received anticipatory bail & nothing substantial is mentioned against me in the charge sheet. Trial would take close to 2 years as discussed with my advocate at lower court. Is there any other option beside quashing which can get me over with it at an earliest as it's entirely a false case & I wish to file a defamation claim against the defacto complainants at an earliest for ruining my career.
Asked 5 years ago
We have received the charge sheet copy along with 161 statements & as discussed with my senior advocate the entire charge sheet is loophole driven & surely we will get acquitted once trial starts. My query is trial will take at least two years. The remaining options are discharge petition at trial court or quashing petition at Kolkata High Court. Since my side of the case is enough strong which process should I adopt to get the fastest justice - trial/discharge/quashing. My next concern is will it be advisable to lodge a Cross FIR vide ACJM of trial court against the three ICICI Bank employees who are a part of the defacto complainant as they are the people who have actually committed the crime & got us falsely implicated in this case with a false FIR? Will lodging such Cross FIR delay my case? Though we have a good reputation with the concerned police station can we expect police to investigate transparently once they receive instruction of the FIR from the trial court
Asked 5 years ago