Anticipatory bail rejected by sessions court for co-accused
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.
Asked 1 month ago in Criminal Law
Thanks for your response, Advocate Sethi.
If we apply AB for the wife of accused (who factally is innocent!), would the honourable HC ask for bail bond? The complaint is alleging that they have been allured into making payments (running in a few lakhs) in return of a Govt. Job, which they claim never happened! But all the communication were with the main accused only. Howver, they are unfairly implicating his wife as they are suspecting that she might pay them and do out of court settlement.
Futher, wrt the main accused, as i said he is already in custody for more than 4 months now and has not got any relief neither from sessions courts nor HC, is there a way to get him out of jail? The last four months has taken a big toll on his health and he is visibly in shaken and in bad shape (wrt health!), However, neither police nor judiciary is taking any cognizance to that unfortunately.
It is basically a case of financial fraud and we feel that it is being dealt unfairly and with iron fist from authorities. We really do not know what should we do next!! Their whole family is shattered.
Asked 1 month ago
Thank you, Mishra Ji and Sethi Saab.
Basically, the claimant's agrument that the money is paid in lieu of Govt. Job which is a criminal offence in itself! But since they are playing victim and are being heard, whereas accused and their family are feeling harrassed (especially by police!). Also the number of cases against the accused is playing against them.
Perhaps we are also lacking a good advocate who could represent us more fiercely. Our lawyer earlier said about two cheque bounce cases that the bail will be granted because of number of days already spent in custody, but now he is asking for "Jamanatis".
Do we need jamanati for cheque bounce cases and what are the repurcussions for a so called jamanati? We are sturggling with that as well and the accused does not have much friends or family, or they are not ready to support him unfortunately. Is there as way out for us?
Further, Sethi saab, you mean that bail can be awarded becuase of covid, but we heard that no trials are happening due to Covid (courts are closed!) and things are moving at far slower pace than normal!
So under current circumstances, what can we do to get early relief for this family?
One point, i missed to mention that there was one transaction from accused in account of the wife of main accused for 1 lakh and the honorable HC judge provided AB with bail bond @ 5 lakh. The total accusation is for 25 lakh where only 1 lakh has been through bank transfer. We do not know the truth, but for sure the accusation is false / far more exaggerted!!
Asked 1 month ago
If i may ask, how much money should "a good advocate" charge for applying AB for the wife (co-accused) in 1 case and bail for the main accused in 2 different cases in HC? May I ask for a "tentative" figure pls! I think, the price shall also include particiation from the advocate in follow-up trial as well (that means a lump-sum amount for the case). Is it normal practice that the advocates charge as lump sum for a case?
I know, it is a loaded queston, and apologize for it, but I know nothing about Indian judicial system or how to work with lawyers, so I take the liberty to ask for your good opinion and suggestion.
I have also heard som advocates who "guarantees" positive results, esp. wrt AB and bail! Is it possible or just a sales gimmick?
I would sincerely appreciate an open and fair resposne. Thank you in advance.
Asked 1 month ago