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  • Whether or not to intervene in a Bail Application of an accused CEO?

I have been an investor/depositor of a trading group and that it has been more than a year that he has been put behind bars by a political party in revenge under MPID, fraud and cheating case. EOW is also a party to the case. However, only 1% of investors are against his bail. Rest believe that the company shall return investments on the basis of their assets and even would continue the business as declared in Bombay HC. The against party couldn't prove any fraud or deliberate delay of payments since 2018 and now they are trying to buy time by various baseless reasons in court

Do I (alongwith other majority) need to intervene in the case or will it stretch longer? Or at least can we approach the judge via possible forums for expediting the same as people are losing their patience now and many of them are facing real financial difficulties?
Asked 6 years ago in Criminal Law
Religion: Other

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11 Answers

You need not intervene 

 

2) court would pass order after considering submissions of parties 

 

 

3) wait for disposal of bail application 

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

Hello,

 

there is no point of opposing the bail at this stage. Have you consulted someone to explore the option of filing a claim before the NCLT?

 

Regards 

Anilesh Tewari
Advocate, New Delhi
18103 Answers
377 Consultations

If the case against him is pending and he is in jail let him remain there. He can issue instructions and his employees can disburse funds.

Therefore don't appear for him. Anyways you don't have a right in these cases too.

Rahul Mishra
Advocate, Lucknow
14114 Answers
65 Consultations

Yes why are you investors so linient on the accused? Ideally you guys should have appointed a watching advocate to look after your interests and oppose his bail. 

However, any cousel will charge his fee and if you are not willing to, you have no other option than to depend solely on the EOW (police) prosecution. However, such an approach is almost certain to jeopardize your interests

Netra Mohanchandra Pant
Advocate, Navi Mumbai
1590 Answers
5 Consultations

1. You can intervene & plead for expediting the matter or interim relief, BUT it will have not much positive consequences. Judges cannot be approached in the manner you wish and will amount to interference in justice.

2. Meanwhile gather information about the assets & liabilities & other immovable properties of the Co. /Firm, for futuristic recovery /auction proceedings.

Hemant Agarwal
Advocate, Mumbai
5612 Answers
25 Consultations

Instead why don`t you other investors file FIR otherwise your claim may push secondary and only those who had complained will get benefited of court order. Bail should not be granted otherwise matter will delay with diminishing ray of solution.

Till he is in jail, good possibility of refund. File FIR.

Yogendra Singh Rajawat
Advocate, Jaipur
23079 Answers
31 Consultations

Since the matter is before court, the complainant has to endure the delays and harassment that are meted out  and have to patiently wait for the court proceedings to be completed.

If you are a direct party to the case pending before the court, you may ask your advocate to put pressure on court if there appears to be an inordinate delay  in the proceedings.

You cannot appraoch judge for expediting the trial proceedings.

You may have to go by the procedures of law.

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

First of all you have to decide that after the bail the so he will be able to pay back the amount invested it will be good for you too decide first and see the the proposal from the CEO the same can be done while he is behind the bar and if there is any agreement in this regard then you may not oppose the page otherwise it will be good for you to create pressure to get your money back and oppose the bail application and let him behind the bars

Vimlesh Prasad Mishra
Advocate, Lucknow
6851 Answers
23 Consultations

you can file intervening applications for the same in bail application to oppose the same. Expediting the matter will come only after chargesheet

Prashant Nayak
Advocate, Mumbai
34514 Answers
249 Consultations

No you cannot intervene in the bail application of accused if you have no locus standi in the case.

Mohit Kapoor
Advocate, Rohtak
10686 Answers
7 Consultations

You can make a intervention application and submit . Your application will be heard and if relevant u will be allowed to intervene in the matter

Mohammed Mujeeb
Advocate, Hyderabad
19325 Answers
32 Consultations

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