• Bail plea in IPC section 420/406/467/468/471

I am writing this on behalf of my father who has purchased a land in 2008 from a land agent who is no more in this world. Now one more agent is claiming that he has power of attorney of this land from 2006 and filled a complaint against my father under ipc section 420/406/467/468/471 in 2013.

Now court has issued a arrest warrant, plea for which has been rejected by the lower court. Our lawyer has filled an application in High Court for the bail. So please guide us to get a bail as early as possible as this has created havoc in our life, especially in my father's life who constantly lives in a fear of getting arrest.
Asked 3 years ago in Property Law from Bokaro Steel City, Jharkhand
Religion: Hindu
My sincere advise to you would be to ask your father to surrender before the police, and obtain regular bail. He is not guilty of any wrong doing, he purchased a property that was sold to him by an agent in 2008, how did your father know that to the very same land there are other owners, the charges being levelled against him cannot be proved if the matter goes to trial. 
Once he surrenders the court will automatically assume that he is innocent and grant him regular bail, once out on bail, your father can think of working out a out of court settlement so that he does not have to go to court for the rest of his life.
according to me this would be the best approach.
Kiran N. Murthy
Advocate, Bangalore
1019 Answers
91 Consultations

5.0 on 5.0

1) did the agent have power of attorney?

2) on basis of said POA did the agent execute regd sale deed in your father favour ? 

3) if your father is bonafide purchaser of value he had nothing to fear 

4) your father has to take he plea that it is a civil dispute between parties and no case of cheating criminal breach of trust is made out 

5) that no documents have been fabricated by your father  and that your father is a senior citizen and has duly cooperated with the investigations 

6) that your father is not an absconder  and that he would not seek to influence the witnesses 

7) bail would be granted by HC 

Ajay Sethi
Advocate, Mumbai
46911 Answers
2775 Consultations

5.0 on 5.0

1. Just follow the advice of your lawyer whom you have engaged for getting bail in the HC. He is the one who has to argue in support of your bail.

2. Unless the documentary proof shows commission of an offence by you the chances of success in the HC are bright.
Ashish Davessar
Advocate, Jaipur
23180 Answers
641 Consultations

5.0 on 5.0

Did your father purchase the land  properly by getting a sale deed executed and registered before a registrar?, if not then it can be considered as an act of land grabbing and he will be liable for punishment for the offence.
However, if he is not inside, try for anticipatory bail on the basis of the strong evidences for purchasing the property from the said deceased lady and get enlarged on bail. 
T Kalaiselvan
Advocate, Vellore
37100 Answers
403 Consultations

5.0 on 5.0

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