• Multiple cases

Sir

i have a brokerage farm in odisha and have 10 offices in 10 districts of odisha.i have made agreements with my clients of 2% return on monthly basis on direct investment with me.i have given 2% return to nearly 600 person of this 10 offices for nearly 3 years.but after that stock market crash and i loose heavily for which i was unable to give them monthly return.now for that nearly 100 investors file 6 different GR case and nearly 25  1cc (u/s 138) against me in 8 districts.

(1) I was arrested in 2011(April) in one district and remain in jail (u/s 420,34) and get out on bail after 6 month (trial is going on now)

(2)After that i was again arrested in another district (u/s 420,138,34)on October 2013.My bail got rejected in high court and trial started in 2014. I was sentenced with 2 years punishment and 1000 fine on December 2015.As I have already in jail for 26 months so i was released on the same day of judgement.

(3) I have 4 GR case pending till now and afraid of arrest again and again.I am having nervous break down thinking of my future.kindly answer few of my question for which i will be obliged.

MY QUERY IS:-

(A).If things goes like this i will be inside jail for minimum of 30 years in these 6 GR cases one by one.Cant we make all these case trial at  ONE PLACE and punished for one time as i am a single person and made the crime once.

(B)My father name was also in one FIR where i got sentenced for  2 years.But we have shown him absconded and divide our case.He has got Anticipatory bail.But as the judgement is over and 3 persons(me & my 2 partners) were convicted , will his anticipatory bail will work? how can i save him from behind the bars.what is his future.he is fully innocent and know nothing regarding my work.

(C)Kindly guide me what to do in my case.i will continue according to your guidance sir
Asked 12 months ago in Criminal Law from Bhubaneswar, Odisha
Religion: Hindu
1. No you can not do so. However the punishment will run concurrently with one another and you would not feel much if you are convicted of all cases around same time.
2. If he's convicted then he will have to undergo jail term and ab has no force now.
3. Hire a good lawyer and defend as per merit of the case.
Devajyoti Barman
Advocate, Kolkata
5226 Answers
54 Consultations
4.9 on 5.0
The convictions though all the cases are tried together in one court one after another, will run concurrently.

If your father is convicted along with you, or separately, he may prefer an appeal based on the merits in his side. He may have to apply for suspense of sentence till the disposal of appeal case. 



You have to challenge the cases on the basis of merits in your side, you may engage a prudent and skilled advocate to defend your cases properly.
T Kalaiselvan
Advocate, Vellore
14057 Answers
127 Consultations
5.0 on 5.0
(A)My father is not convicted.We have separated his case.He has not faced the trial nor he is convicted.His trial is yet to start  as we have separated him and start our trial in 2014.Now as we are convicted, should he come to court,apply a regular bail and start his trial.
Your father shall appear before court on receipt of summons and face trial of the case against his that has been split from your case and challenge or defend himself suitably.  The anticipatory bail already obtained by him will be sufficient for facing trial. 



(B)My punishment will not run concurrently as i have yet to be arrested in 4 GR case.The trial will continue one by one.police will arrest me in one case put into jail.i know i will not get bail so trial will start after charge sheet is submitted.it will take nearly 2 years to complete as an UTP. After that 3 case will run in the same manner.Kindly guide how to proceed.
You are knowing the procedures of how the trials are going to happen hence your this question is not understood that what you want to clarify by this. 




(C) Should I apply for anticipatory bail in all these four case.and continue trial in all case at the same time .so if i get punished also in all those cases then the punishment will continue concurrently guide
You can apply for anticipatory bail if FIRs have been registered and the case has been filed.before court. You may apply for  trial of all the cases together in the same court after which the punishment if any may run concurrently.
T Kalaiselvan
Advocate, Vellore
14057 Answers
127 Consultations
5.0 on 5.0
1. You can apply to the High Court to club the cases on the ground that the offence has been committed only once by him, and therefore separate cases cannot lie against you.

2. To preempt the possibility of your arrest in the cases in which you are not protected by the cover of pre-arrest bail  it is imperative that you apply for anticipatory bail.

3. Your father is safe if he has a comprehensive anticipatory bail. 

Ashish Davessar
Advocate, Jaipur
18158 Answers
449 Consultations
5.0 on 5.0
1. If your father is an accused and he has got anticipatory bail then he should face the trial to prove his innocence. There is no legal requirement to apply for regular bail.

2. As I said earlier, you can either face separate cases or apply to the court to club them if the offence has not been committed more than once by you. 

3. Unless the cases are clubbed they will be treated as separate. As a corollary thereto, anticipatory bail obtained in one case will not offer you any protection from arrest in the other cases.
Ashish Davessar
Advocate, Jaipur
18158 Answers
449 Consultations
5.0 on 5.0
1) your father should not have absconded 

2) he should surrender before court face trial and prove his innocence 

3) in cases where you have not been arrested apply for anticipatory bail 
Ajay Sethi
Advocate, Mumbai
23291 Answers
1220 Consultations
5.0 on 5.0

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