• Section 409 IPC, Charge sheet submitted in court

My brother an employee in So called money market company , but his good performar , then promoted to executive director in this company, on 2017 FIR against 10 people with my brother for money not refund, with my brother 3 more are arrested and 2 months in custody, but due to 409 opponent again file for 90 days custody, we are challenge in high court but failed, arrest warrent issued by court, now Charge sheet submitted in court on 2020, Please sujjest what can we are doing??
Asked 5 years ago in Criminal Law
Religion: Hindu

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16 Answers

Money recovered by police ? 

Apply for regular bail.

Yogendra Singh Rajawat
Advocate, Jaipur
23079 Answers
31 Consultations

- As per Section 409 IPC , Whoever, being in any manner entrusted with property, or with any dominion over property in his capacity of a public servant or in the way of his business as a banker, merchant, factor, broker, attorney or agent, commits criminal breach of trust in respect of that property, shall be punished with imprisonment for life, or with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine.

- Further this section is non - bailable and non compoundable .

- Since, charge sheet already filed , then it is a ground for getting bail in the case , on the ground of no direct role in the offence, no chances to tamper the witnesses, and will appear before the court on each and every date of hearing and before the I.O. of the case. 

Mohammed Shahzad
Advocate, Delhi
15814 Answers
242 Consultations

After filing for charge sheet apply for bail before trial court 

 

2) if there is no evidence against accused file for quashing of FIR in HC 

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

File for bail.

 

Rahul Jatain
Advocate, Rohtak
5365 Answers
4 Consultations

File for charge sheet quashing and also file for bail.

Rahul Mishra
Advocate, Lucknow
14114 Answers
65 Consultations

You may go for default bail before the Court of law.

You may go for quashing of FIR /Charge sheet  before the High Court. 

Provided you furnish more details about FIR  and charge sheet:-

 

1-Date of Registration ?

2-Date of arrest of the accused ?

3-Bali application preferred or pending as of today before the court of law.?

4-Date of filing of charge sheet.?

5-Date of issue of arrest warrant?

6- Total no of accused?

7- Date of cognizance of  charge sheet against all the accused by the Court of Magistrate?

Ramesh Pandey
Advocate, Mumbai
2541 Answers
8 Consultations

First check if position of your Brother attracts the ingredients of said Sec.409 IPC, and that, whether he is holding the said post during relevant period of said allegation of the opponent and also, if the allegations made are not attributable either to his position / his involvement your brother can contest the case on merits.

He can go for Quash of the said FIR immediately, for the simple reason that, for the offence of 2017 charge sheet is filed in 2020.  

Based on the report made in charge sheet, and contents of complaint and FIR, if any discrepancy can be made out, the case is fit to be quashed.

S Srinivasa Prasad
Advocate, Hyderabad
2876 Answers
9 Consultations

1. Arrest warrant has already been issued by the Court.

 

2. Go for surrender bail since Charge Sheet in to the matter has already been submitted by the Police and there is no reason for taking your brother in to remand for any further investigation.

Krishna Kishore Ganguly
Advocate, Kolkata
27703 Answers
726 Consultations

If the charge sheet has been submitted, he can apply for bail once again.

Section 409 IPC is a Cognizable and non-bailable offence, triable by a Magistrate of the first class. The person guilty becomes liable to the punishment of imprisonment which can be simple or rigorous for a term of up to 10 years along with fine.

 

You can file bail application before high court after the magistrate court dismisses the bail application.

 

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

You van challenge the same kn court also try to go for quashing

Prashant Nayak
Advocate, Mumbai
34514 Answers
249 Consultations

1. It seems to be a money laundering case in which courts are very serious nowadays.  Therefore the prospect of bail of arrested persons increases when the money is traced or recovered or the charge sheet is submitted. 

2. Therefore apply for bail once again from high court and if its rejected then applying for bail from Supreme court is a good option. 

3. For getting bail from Supreme court you may feel free to contact me.

Devajyoti Barman
Advocate, Kolkata
23653 Answers
537 Consultations

You need to surrender and get the bail. It must be a bailable warrant.

In case you need any help in this matter feel free to get in touch with me.

Regards

Swarupananda Neogi
Advocate, Kolkata
2993 Answers
6 Consultations

You may now challenge the charge shet in the High Court in an application under section 482 crpc and challenge its legality. 

Vibhanshu Srivastava
Advocate, Lucknow
9763 Answers
323 Consultations

Dear Sir,

You are suggested to for the bail proceedings as soon as possible and use all your efforts to win the case, 

Ganesh Singh
Advocate, New Delhi
7169 Answers
16 Consultations

Your brother should appear before court and make application for bail on ground that he filed revision before High Court.

Mohit Kapoor
Advocate, Rohtak
10686 Answers
7 Consultations

We suggest you should consult a local lawyer who can examine facts of the case based on the documents and facts.

Mohammed Mujeeb
Advocate, Hyderabad
19325 Answers
32 Consultations

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