Yes, your bail application should be considered by the high court. On appreciation of fact of amount fully recovered and you seek trial
I am assistant manager(under suspension) in public sector bank.misuse of govt fund done by me during my tenure.and now bank has been lodged a FIR against me under ipc 409 & 420.offence is committed by me but the amount effected has been fully recovered.i apply for anticipatory bail in session court that has been rejected. Sir Suggeste me that kya high court meri anticipatory bail accept karogi.....jabki jitne amount ka gaban mere dwara kiya gaya tha wo fully recover ho chuka hai....and I am full prepared for trial. Regards
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Yes, your bail application should be considered by the high court. On appreciation of fact of amount fully recovered and you seek trial
1) you can apply for bail before trial court
2) in alternative apply to HC for anticipatory bail
3) take the plea that full amount has been recovered and you have no prior criminal record , that you would not contact witnesses in any manner
See if the complete amount is recovered the high court in case of cheating may grant anticipatory bail as such there is no.damage and can ask for surety for bail pending trail.
- Since, the amount has already recovered , then on this ground High court can grant you bail .
- Out of other ground you should mention the flollowing grounds as well :
1.That due to under suspension, hence there is no chances to temper the evidence
2. That the accused is innocent and his antacedent is clean , and there is no criminal case is pending against him.
3. That the accused is ready to co-operate with the police/ prosecution agency
4. That the accused is willing to face trial for proving himself innocent.
5. That the accused has been falsely implicated by some other person under a well planned conspiracy.
It depends on the discretion of justice in which your bail application will be marked.
You should take a chance even if percentage for success is 1%
aapke paas aur koi option bhi nahi hai high court jaane ke alawa.
ummed hai ki aapko AB HC se mil jayegi.
Koi madad chahiye ho to bataiyega.
Regards
You need to apply for bail before trial court. If it is rejected you need to apply for AB before High Court.
Since amount is fully recovered, you can say that, you will cooperate with IO and also for trial.
Since amount has been recovered, trail court may grant regular bail. Can approach High court, dont agree of offence and only stress on innocence and amount reconciliation.
contact an expert lawyer to file an application of anticipatory bail in sessions judge's court of your district, it is very tricky to get anticipatory bail it depends at the discretion of the judge to grant you a bail or not.
1. In matters of financial misdemeanor even the High Courts are loath to grant anticipatory bail as it hampers investigation, but this is not a cast iron rule as everything boils down to the peculiar facts and circumstances of the case. So unless the FIR is perused it is not possible to opine what are the prospects before High Court, but you have no other remedy to escape arrest and detention.
2. It is trite law that repayment by accused of the money which he misappropriated does not purge the offence itself. So this is not a ground which absolves you but it may be good enough to obtain bail.
Dear Concern,
01. Bail is the prerogative of the court in cases like these. No one can guarantee that you will be granted with bail for sure but then there are chances that you may get conditional bail provided you comply with all norms, you are not going to destroy any evidence, you are not going to flee away, you will cooperate in the criminal proceedings and investigations and so on.
02. You should look for some good advocate to plead your case before High Court of Jabalpur and then before Supreme Court of India as well if the bail is rejected from the High Court also. Being a good advocate by your side will increase your chances of getting the bail.
You can apply for AB before high court and in the argument you can mention that the money due to bank has been fully paid, you will get AB through high court.
You can apply for AB in high court stating the grounds that you there is no scope of, tempering with the evidence by you and your fleeing away from country. All it depends upon the arguments you put before the court.
My application for anticipatory bail is under consideration. Hon'ble High Court wants Apex Court citations, if any, in similar facts and circumstances. Will you please help me?
full payment has been made by you . there is no recovery pending . under the circumstances you should be granted anticipatory bail
Your advocate will be able to procure the citation, if any available by browsing the legal websites online.
You may also browse livelaw.in or indiankanon.org
My application for anticipatory bail is under consideration. Hon'ble High Court wants Apex Court citations, my advocate submitted the apex court citation than tha Hon'ble high court reseeved the order.What is the mean of heard and reserved.And what is the possibilities.
Argument stage is completed. Court will now decide the application based on all arguments and pronounces the judgement shortly.
Heard and reserved means arguments have been completed and court would pronounce order in near future
See heard and reserved means the court has heard both side arguments and now will.write the judgement and pronounce same on the next date.
Dear Sir,
Yes you can go to the high court directly for anticipatory bail. I provided the ld court would grant the hearing and then send t oder to be complied by lower or session court. Moreover its posibble in youe case to reject your plea as it has to be rejected by lower court.
Under Section 438 of the Criminal Procedure Code there is a provision for a person to seek 'Anticipatory Bail'. This means that an individual can seek or request to get bail in anticipation or in expectation of being named or accused of having committed a non-bailable offence.
The high court will pass the orders on some other day, hence it is reserved.
You await the orders, nothing can be predicted, however if your advocate had given a convincing citation, then the high court may consider the bail application.
My anticipatry bail application is dismissed from high court.how much possibilities in supreme court.
Yours being a sensitive situation the best option now would be to approach the suprmere court and seek anticipatory bail through a properly drafted application and presenting the facts and law in the best possible manner so that the supreme Court may grant you appropriate reliefs.
Apply for regular bail.Amount is recovered, court may grant regular bail. Can try in SC, but no surety.
No arrest for 420 but possible in 409.
What were reasons mentioned for dismissal of AB application
we cannot say what would be your chances in SC
See possibilities can be decided based on facts only to the case if anticipatory bail is rejected from.high court then either you may surrender and obtain the regular bail or you mat try at supreme court also.
You wait for another 15 days and file the application for AB once again in high court itself before deciding to approach supreme court.