• Anticipatory bail rejected by sessions court for co-accused

Hi.
The accused has multiple cases (7 to be precise) of fraud under IPC 420, 565, 467, 471 and 120-B and he is already in behind bars since last 4 months. 3 of his bail applications has been rejected by lower and sessions court and HC neither rejected/ accepted bail but provided new date to listen bail plea after 2,5 months of first hearing!

In couple of cases, the victims have named his wife as co-accomplice to the alleged crime of financial fraud! 

In one such case, she already got anticipatary bail from HC on bail bond of 5 lakh. However, in an another case,her anticipatory bail application was rejected by sessions court as she has been accused of standing by her husband when the transaction (money exchange) happened and she was in the car with her husband when he received alleged money. 

The fact is that she has nothing to do with the wrong doings of her husband, if any. She has been a school teacher for 10 years in private school and has been recently had open heart surgery. 

What option does she have? Is it an option to go to police and clarify, by any chance?

What options does the main accused has? Can we apply for bail for him on medical grounds, as he is diabetic and age 50+? Can some law for covid spread help us in this case?

Looking forward to some good advice and thanks in advance.
Regards,
SM
Asked 1 month ago in Criminal Law
Religion: Hindu

2 answers received in 30 minutes.

Lawyers are available now to answer your questions.

29 Answers

If its already rejected by sessions court then only option is HC.

well for her being co-accused, she can get AB because of open hear surgery but it depends how recent. 

 

 

for the Main accused, the age and diabetes can not be very helpful.

But since he already got bail in 4 cases then should be able to get in remaining 3 but depends on sections on which he got bail and on which sections the bail is pending. 

 

There is already orders passed for not to arrest people if its not a very major crime. But it still in hands on police.

so going to police and clarify will not help but yes they can take mony to show delay in arrest.

 

Ankur Goel
Advocate, Bangalore
311 Answers

4.9 on 5.0

1. She can be accused for a crime allegedly committed by her husband for the sole reason that she was sitting in her husband's car when he was taking the money.

 

2. She can not also be spared  from the clutches of law on the ground that she is a school teacher and has recently  had hear surgery done on her.

 

3. She shall have to be accused and punished on concrete evidence of the crime.

 

4. She can apply for anticipatory bail before the high Court.

 

5. Her husband should now get bail since he is already in custody for 120 days and police had enough scope to interrogate him. 

Krishna Kishore Ganguly
Advocate, Kolkata
25589 Answers
726 Consultations

5.0 on 5.0

If she is already in judicial custody and anticipatory bail in that case has long date. its better to seek regular bail before the magistrate court after surrendering for that offence.

Prashant Nayak
Advocate, Mumbai
23442 Answers
49 Consultations

4.4 on 5.0

It seems multiple cases/FIRs have been filed against the husband. If the sessions court has rejected the bail then file it in the high court. If bail applications have been filed pertaining to all the different cases tgen club them as one argue the same if they all were part of the same transaction.

If different, then each case has its own merit.

Wife by mwrely being present cannot be made an accused. There are many judgments on that and in the present situation the courts should take into account the prevailing COVID-19 situation.

The police will not do anything. 

A quashing of the fir/ charge sheet must be filed in the high court.

 

Rahul Mishra
Advocate, Lucknow
12634 Answers
31 Consultations

5.0 on 5.0

In case anticipatory bail rejected by sessions court apply to HC for anticipatory bail from HC 

 

mother should get AB from HC 

 

as far as main accused is concerned merely because he is diabetic is not sufficient for being granted AB as there are multiple cases of fraud against him 

Ajay Sethi
Advocate, Mumbai
82668 Answers
5248 Consultations

5.0 on 5.0

In an anticipatory bail order the accused has to furnish security. It may be less or more at the discretion of the court.

Out of court settlement can be done while an accused is in jail and implicating someone just because she may negotiate is very absurd. This is a crime to falsely implicate anyone.

An application for expeditious hearing and disposal of the bail application must be filed in the high court. If the high court refuses to hear or rejects the bail application then file it in supreme court.

Rahul Mishra
Advocate, Lucknow
12634 Answers
31 Consultations

5.0 on 5.0

There is no evidence against the mother 

 

emphasis fact that mother is school teacher and recently underwent heart surgery 

 

that she has no prior criminal record 

 

while issuing a direction for the grant of anticipatory bail, "HC may include such conditions in such directions in the light of the facts of the particular case, as it may think fit",

 

on account of covid accused can be released on bail 

Ajay Sethi
Advocate, Mumbai
82668 Answers
5248 Consultations

5.0 on 5.0

Wife being wife has better chance of obtaining ab. Capitalize on her medical condition and being in car with husband is not the a proof involvement in crime. She was in car not as an accomplice but as wife. No overt act can be attributed to her. For husband also you can use his medical condition and covid crisis successfully. Much depends on your lawyer’s persuasive skill.   

Ravi Shinde
Advocate, Hyderabad
1007 Answers
8 Consultations

5.0 on 5.0

A fixed deposit in any person's name can be an alternative to zamanat daars.

Bail can be granted by the high court in the present situation.

In a cheque bounce case if bailable/non bailable warrant was issued and then he was arrested then you need zamaanat daars/security.

An FD is an option. Property papers of a person/motor cycle/car etc.


Ohh that is why she was made accused as the money came in her account. But that only means that the husband told them to deposit money. That doesn't prove that she is complicit.

Rahul Mishra
Advocate, Lucknow
12634 Answers
31 Consultations

5.0 on 5.0

Applying for anticipatory bail is alone the option.  Considering the merit of the case the chances of getting bail is high.

Devajyoti Barman
Advocate, Kolkata
22445 Answers
353 Consultations

5.0 on 5.0

SC has recently directed that police should not arrest the accused unless necessary in crimes sentenced with less than seven years of imprisonment, and directed authorities to ensure that proper medical facilities are provided to the inmates

 

2) in your case accused has been in jail for more than 4 months and with mounting COVID cases and to decongest jails accused can be released on bail 

 

3) 

In the case of Sultan Kamruddin Dharani vs. The Union of India (UOI) and Ors. (supra), it was held as under:-

"16. Perusal of section 436 of the Code of 1973 shows that there is no provision therein which gives power to the Court to impose any condition while enlarging an accused on bail in a case where bailable offence is alleged. In fact, the first proviso of the said section lays down that if an accused is indigent and is unable to furnish surety, the Court is under an obligation to discharge him on his executing a bond without sureties for his appearance. The explanation to sub-section (1) of section 436 provides that when a person is unable to give bail within a week of his arrest, it shall be a sufficient ground for the Officer or a Court to presume that he is an indigent person for the purposes of this proviso. Thus, the law makes it clear that when an accused who is alleged of commission of a bailable offence is unable to furnish bail in the form of surety within a week from (9 of 11) [CRLMP-7718/2018] his arrest, he has to be discharged on his executing a bond.

Ajay Sethi
Advocate, Mumbai
82668 Answers
5248 Consultations

5.0 on 5.0

If she has not applied for AB in the other case, let she apply for anticipatory bail directly before the high court. 

If she had applied for AB before sessions court and the same was rejected then she may once again file an application for anticipatory bail before high court.

There are likelihood of chances to get enlarged on behalf her advocate strongly argues and puts forth the facts and details about her before the high court. 

About his bail application since the high court has adjourned the matter by two months, he may have to wait until then for the court to dispose his bail application.

If you file an advance hearing petition to hasten the bail application, the high court may even pass an adverse orders and reject his bail. 

T Kalaiselvan
Advocate, Vellore
72753 Answers
1110 Consultations

5.0 on 5.0

You can apply for AB for his wife before the sessions or high court.

The conditions imposed by the court while granting bail has to be complied with or else  the bail would be cancelled.

As far as his bail is concerned the same is pending before high court, the police or the jail authorities cannot do anything about it.

You may have to wait for the high court to take a decision on it on the next date of hearing. 

T Kalaiselvan
Advocate, Vellore
72753 Answers
1110 Consultations

5.0 on 5.0

The court will impose the conditions while granting bail to the applicants and one of the conditions would be  solvency.

You have to make arrangement for producing solvents for the accused to be enlarged on bail,. if solvency not produced then the accused shall have to languish in the jail itself until proper solvencies are produced. 

About the allegations, you cannot discuss or argue over it at this stage, they can be taken care only at the time of trial proceedings.

She may be innocent but that has to be proved before the trial  court and the trial court only has to pass judgment about it taking into consideration of all the documentary evidences and merits in the case.

 

T Kalaiselvan
Advocate, Vellore
72753 Answers
1110 Consultations

5.0 on 5.0

50+ age, being a diabetic, etc. will NOT be considered by the Court unless his condition is very worse or unless he is facing acute complications due to diabetes

every second person is a diabetic here. so this ground will not have any legs to stand to secure a bail.

apply for AB for the wife. The court may grant it subject to certain conditions, which cannot be predicted

Yusuf Rampurawala
Advocate, Mumbai
6199 Answers
50 Consultations

5.0 on 5.0

Dear Sir,

1) The wife should apply to the High court for Anticipatory bail. 

2) The main accused will have to apply for regular bail, the medical conditions should be shown to be severe, the courts have released many due to need for decongestion of jail premises due to Covid. Diabetes alone cannot be ground for relesase.

Thank you

  • For more assistance, you can book a consultation with me.
  • If you like my answer, please give a good rating and leave a review

Anik Miu
Advocate, Bangalore
1516 Answers
18 Consultations

5.0 on 5.0

The applicant must show by disclosing special facts and events that he has reason to believe, that he may be arrested for a non-bailable offence so that the court may take care to specify the offence or offences in respect of which alone the order will be effective and it is not a blanket order covering all other offences.Anticipatory bail may be granted under a few circumstances:

  1. A special case is made out that would suggest that there are ample grounds to assume that the applicant may be detained for unreasonable grounds.
  2. The allegations were made with a false intent or to cause the claimant to be injured/humiliated and arrested.
  3. The arguments against the claimant are ambiguous or generic.
  4. The name of the accused is not mentioned in the First Report on Information
  5. The applicant satisfies the Court of Appeal granting the Anticipatory Bail that he is from a respectable family, has deep roots in society, and is not likely to abscond from or avoid the Court's proceedings or to hinder the investigation in any way.

So approach the high court. Due to the pandemic covid 19 , the high court may allow the anticipatory bail

Ajay N S
Advocate, Ernakulam
3825 Answers
82 Consultations

5.0 on 5.0

Apprehension Of Death On Account Of Covid19 Pandemic Is A Valid Ground For Grant Of Anticipatory Bail: Allahabad High Court.

 

Anticipatory bail application apprehending death on account of probable arrest in connection to a case of cheating and fraud.

Ankur Goel
Advocate, Bangalore
311 Answers

4.9 on 5.0

- As per Section 141 , mere presence in an unlawful assembly cannot render a person liable unless there was a common object.

- Further, where common object of an unlawful assembly is not proved, the accused persons cannot be convicted with the help of Section 149.

- Further, as per J & K High court, presence cannot be the only ground to accuse a person.

- Hence, she is also entitled to get AB in another case as well. 

- Further, if there is no Jamanti, then the accused can produce his personal bond before the court for a particular period . 

- Only on medical ground , court will not grant bail to the accused who is behind the bar. 

Mohammed Shahzad
Advocate, Delhi
7058 Answers
73 Consultations

5.0 on 5.0

  1. There is no such norm that a lawyer engaged for bail will also take up the case. It is matter of agreement.
  2. For a bail in High Court 1L is average minimum and for trial it is 2L though this is approximation but is based on the practice.

Ravi Shinde
Advocate, Hyderabad
1007 Answers
8 Consultations

5.0 on 5.0

First of all just be aware that advocate profession is not a business and you remove that idea from your mind. 

The fee structure and pattern for charging the fee is purely depends upon the advocate who you would engage. 

No advocate would guarantee success,  if someone does that then he is deceiving you for the purpose of charging exorbitant fees. 

The bail can be obtained even in a second attempt through high court if the first attempt fails in the session court. 

Do not fall prey to false and bogus claims made by some unscrupulous agents in the name of advocates. 

You better consult,  discuss,  understand the situation,  analyze the genuineness of the lawyer you contacted and then proceed if satisfied/convinced. 

T Kalaiselvan
Advocate, Vellore
72753 Answers
1110 Consultations

5.0 on 5.0

Legal fees vary depending upon lawyer engaged by you 

 

2) lawyers generally don’t take lumpsum charges for case 

 

3) no lawyer can guarantee results 

 

4) if lawyer states he will guarantee results he is taking you for a ride

Ajay Sethi
Advocate, Mumbai
82668 Answers
5248 Consultations

5.0 on 5.0

Dear Sir,

1) Lawyers charge between 70K - 2.00L minimum depending on the standing of lawyers and the facts of the case involved. 

2) No lawyer will offer guarantee of success, if some lawyer is making such claim then he is being unethical and making false promises. Do not fall for the same.

3) Engage a  lawyer with good repute and experience in criminal law.

Thank you

  • For more assistance, you can book a consultation with me.
  • If you like my answer, please give a good rating and leave a review

Anik Miu
Advocate, Bangalore
1516 Answers
18 Consultations

5.0 on 5.0

The professional fees of lawyers is not uniform

Some charge on lump sum basis and some charge itemwise 

It is not possible to give a quote for the fees on basis of the limited information given on this platform 

Those advocates who guarantee the outcome of the case are unprofessional and one should stay away from such lawyers 

Yusuf Rampurawala
Advocate, Mumbai
6199 Answers
50 Consultations

5.0 on 5.0

1. Wife has a good chance of securing bail.

2. So far as husband is concerned he may try his fortune on medical grounds. Due to Covid the courts are more liberal in granting anticipatory bails and also regular bails.

Ashish Davessar
Advocate, Jaipur
30635 Answers
893 Consultations

5.0 on 5.0

1. Surely the court would ask the accused to execute a bail bond if it allows the bail application. Bail cannot be granted without requiring the applicant to execute bail bond.

2. Sky is the limit when it comes to lawyers' fee.

Ashish Davessar
Advocate, Jaipur
30635 Answers
893 Consultations

5.0 on 5.0

- Actually , lawyers fee depend upon the person to whom you engaged , and cannot be presumed for others. 

- Further, it also depend upon the cities /state of India .

Mohammed Shahzad
Advocate, Delhi
7058 Answers
73 Consultations

5.0 on 5.0

There is no guarantee and none should be taken or given. It is unethical and illegal.

For AB around 35k for both the persons in high court.

Rahul Mishra
Advocate, Lucknow
12634 Answers
31 Consultations

5.0 on 5.0

HC it's 1.5 lakhs depending on experience of lawyers. You can approach me through LinkedIn for affordable  legal assistance

Prashant Nayak
Advocate, Mumbai
23442 Answers
49 Consultations

4.4 on 5.0

Ask a Lawyer

Get legal answers from lawyers in 1 hour. It's quick, easy, and anonymous!
  Ask a lawyer