• Bail procedure

My uncle, is in government service, and is scheduled to retire by the end of this year. About 4 months ago, he was suspended from service with allegations of fund misappropriation. Last month, 3 months after suspension, he approached high court stating that there was no chargesheet on his name and he was still under suspension. High court ruled in his favour and ordered the institution to reinstate him and continue the departmental enquiry. On receiving the high court order, the very next day, his department issued him a chargesheet and provided him 10 days time to respond to the same. However, instead of awaiting his response, they filed an FIR with IPC 420 and 409. He was arrested and has been in judicial custody since then. Bail plea was applied for and rejected in session court by Chief Judicial Magistrate on grounds that enquiry is still going on. He is being wrongly implicated in a crime he did not commit. What are the bail options that we have. Please advise.
Asked 4 months ago in Criminal Law from Kolkata, West Bengal
Religion: Hindu

He can try to secure bail in high court.  But if high court is not inclined to give her bail he needs to withdraw and try in lower court after some time

Prashant Nayak
Advocate, Mumbai
12902 Answers
23 Consultations

4.6 on 5.0

Your father should apply for bail before HC against order passed by sessions court 

 

2) HC would release your father on bail 

Ajay Sethi
Advocate, Mumbai
66961 Answers
4043 Consultations

5.0 on 5.0

Which court is it?

Aveek Bose
Advocate, Kolkata
951 Answers
4 Consultations

4.7 on 5.0

1. Well, if the Magistrate or the sessions court has rejected his bail then he can apply for bail in high court.

2. In case of cheating keeping him custody beyond 1-2 weeks is generally not the convention and since there is an order of high court for his reinstatement he is likely to get bail from high court.

3. So without any delay apply fro bail u/s 439 crpc.

4 After bail contest the DP and the criminal case on merit.

Devajyoti Barman
Advocate, Kolkata
17808 Answers
252 Consultations

5.0 on 5.0

approach the High Court for getting bail, chances are in your favor, however, depends upon contents of FIR

Suneel Moudgil
Advocate, Panipat
1142 Answers
1 Consultation

4.3 on 5.0

Being booked under 420, atlest 0ne month he has to wait for bail. after session court, you approach High court for Bail, he will gets

G Suresh
Advocate, Chennai
390 Answers
4 Consultations

4.9 on 5.0

See CJM court has rejected bail then approach the session court as CJM and sessions are different courts, in case the bail was rejected by the session court by Sessions Judge then you have to approach the high court under 439 crpc regular bail.

Shubham Jhajharia
Advocate, Ahmedabad
19345 Answers
75 Consultations

5.0 on 5.0

Bail depends on facts of case, allegations in FIR. Mere pendency of investigation, no reason to deny bail. File appeal against the order.

How much money has accounted on him ? 

Yogendra Singh Rajawat
Advocate, Jaipur
13233 Answers
17 Consultations

4.6 on 5.0

A bail application should be filed in the high court stating the reasons why is he innocent and should be released on bail.

He should also be released so that he may reply to the charge sheet given by the department.

Regards 

Rahul Mishra
Advocate, Lucknow
4322 Answers
11 Consultations

5.0 on 5.0

1. He should now approach the High court now for availing bail.

 

2. He is in judicial custody and not in police custody for interrogation. He is not in a position to tamper with the evidence and influence the witnesses since he is under sucpension.

 

3. The above ground should be forwarded for seeking his bail from the High Court.

Krishna Kishore Ganguly
Advocate, Kolkata
22518 Answers
594 Consultations

5.0 on 5.0

Dear sir

   Hi you mentioned alleged offense u/s 420 &409 of IPC is non bailable offences , triable by magistrate court. Don't worry you file bail application in u/s 439 of crpc. , In same court  

And take bail within week .

 

Thanking you

 

Narayan shetty

N M Shetty
Advocate, Hubli-Dharwad
15 Answers

Not rated

He can file a bail application before high court and can mention the events especially that took place after the high court order to reinstate him in the service, that the department had made urgent decisions to file charge sheet as well as police complaint on this subject matter.

On proper presentation before high court he will get enlarged on bail by an order of the high court.

T Kalaiselvan
Advocate, Vellore
56726 Answers
702 Consultations

5.0 on 5.0

the chances of bail from Sessions Court is almost fainted. Better to get the bail disposed of and move a bail application before Hon'ble High Court of Judicature. 

Mohammed Mujeeb
Advocate, Hyderabad
10241 Answers
3 Consultations

4.5 on 5.0

Your uncle should apply for bail in High Court.

Previous orders of the High Court ordering his reinstatement it should also be attached along the bail application.

Siddharth Jain
Advocate, New Delhi
4783 Answers
52 Consultations

5.0 on 5.0

Dear Client

If the bail has been rejected from the session court. Then you have to approach the High Court of WB for bail.

or you have to wait till the Inquiry is over and Police file chargesheet in the court. then you can file second applicaion of Bail in the Session Court.

other option is that if police do not file the Chargesheet within 90 days then on completion of 90 days you can get bail on application due to delay in Filing of Chargesheet.

Mohit Kapoor
Advocate, Rohtak
3564 Answers
1 Consultation

5.0 on 5.0

  1. As per the information mentioned in the present query, makes it clear that you have not been guided well by the lawyer and that is the reason he has to gone through the jail term for not fault at his end.
  2. When there is already an order from the High Court and then after chargesheet has been filed, how they can file subsequent FIR.
  3. It shows that the FIR has been filed wrongly.
  4. You should approach the High Court for bail and if not granted then you are free to call me anytime for filing the SLP before Hon’ble Supreme Court of India.

Sanjay Baniwal
Advocate, South Delhi
4894 Answers
11 Consultations

5.0 on 5.0

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