• Bail for case under IPC Section 409 & 420

My brother is employed in electricity board in bihar. a fir have been done against him by department for fraud of Rs. 175999/- of revenue collection in the month of Nov.15 to Jan 16. But fact is that As per guideline of Electricity Board my brother deposited 175999/- to cashier. but he did not give any receipt. Not only this it is duty of Revenue JEE is that he is to check daily and routine check up of DCR and Money receipt as per circulars. In this condition who is guilty for this act. Some evidence of Rs. 90000/- is shown in online that indicates that cash already deposited to cashier but he misplace the document or his account is wrong. in this condition if we file bail petition to CJM court, the bail is granted or not.
Asked 5 months ago in Criminal Law from Patna, Bihar
Religion: Hindu
The matters what you narrated here can be taken up during trial and not during bail application hearing.
In bail plea you may put forth evidences to show that his involvement in the embezzlement is not evidently found.
Besides other issues, you may project his colorful service of the past and his family background which would suffer due to his continuous remand.
Your lawyer has to convince the court about this in his good piece of argument.
T Kalaiselvan
Advocate, Vellore
14069 Answers
127 Consultations
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1) your brother should have insisted on cash receipt when he deposited Rs 1,75 lakhs

2) if your brother is able to prove he deposited cash he would get bail 
Ajay Sethi
Advocate, Mumbai
23291 Answers
1220 Consultations
5.0 on 5.0
Your brother threw caution to wind by depositing the amount without obtaining deposit receipt. The duty may have been fastened on JEE to check the daily collection report, but if he has not performed this duty then at the most it is a case for dereliction of duty against him, whereas your brother can be accused of embezzlement of money. Bail is unlikely to be allowed in your case by the lower court. A lot depends on what has been stated in the FIR. He may eventually have to move the HC. 
Ashish Davessar
Advocate, Jaipur
18158 Answers
449 Consultations
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1) it does indicate gross negligence by authorities . 

2) if daily collection report was checked shortfall would not have occurred 

3) to hold your brother responsible after 5 months is wrong . he should get bail 
Ajay Sethi
Advocate, Mumbai
23291 Answers
1220 Consultations
5.0 on 5.0
your father should in his statement blame cashier and JEE for fraud committed by them 

2) if cash was not deposited by your father what was JEE doing for 5 months? 

3) it appears he is hand in glove with cashier
Ajay Sethi
Advocate, Mumbai
23291 Answers
1220 Consultations
5.0 on 5.0
1. When your brother had deposited the said amount to the cashier, he was supposed to collect the Money Receipt which he has not done,

2. The mount is a small amount and as per you there has already been an evidence that Rs.60,000/- was deposited online,

3. Was cany departmental enquiry conducted in this regard? If yes, what is the outcome?

4. Since the amount is very less and if departmental enquiry has already conducted, then your brother is most likely to get bail. 
Krishna Kishore Ganguly
Advocate, Kolkata
12123 Answers
231 Consultations
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1. If JEE has not checked the MRs daily then he will be booked with the charge of dereliction of duty,

2. Dereliction of duty by JEE does not absolve your brother form the charges leveled against him,

3. He has to prove that the said amount was deposited by him to the cashier for which the cashier did not issue a M.R. 
Krishna Kishore Ganguly
Advocate, Kolkata
12123 Answers
231 Consultations
5.0 on 5.0
1. In the given circumstances, you shall have to prove whatever you are alleging against the cashier,

2. Engage a local Criminal Lawyer having expertise in this field.
Krishna Kishore Ganguly
Advocate, Kolkata
12123 Answers
231 Consultations
5.0 on 5.0
The only thing you can do is apply for bail and hope for the best. You are free to move the HC and finally SC if bail is disallowed by the courts below.
Ashish Davessar
Advocate, Jaipur
18158 Answers
449 Consultations
5.0 on 5.0
But I also mentioned in that question that as per circular JEE (REVENUE) have to daily and routine check of daily collection report and money receipt. so there is no any matter after five months the fir have been done in my brother. This proof is not enough to save my brother and innocent found.

This statement can be termed as indirect admittance of the offence. 
The question is not about the about the higher officer checking it or verifying it on day to day basis.
The issue is about the offence under which he has been charged and put inside the prison.
You have to concentrate on the issue pertaining to get him released on bail and not involving i the blame game which is of no use at this time. 
In fact your attempt to involve the other officer into crime automatically makes meaning that you admit the crime that has happened.
In the hearing of the bail application you should plead and  insist on his innocence of offence alone and should not make any statement that may draw adverse inference. 
T Kalaiselvan
Advocate, Vellore
14069 Answers
127 Consultations
5.0 on 5.0
we have get information  and proof of rs. 90000/- online but rest amount is not shown  online. the cashier and JEE did wrong entry  online or they used money for theirself. in this condition what we should do.

As opined by my earlier that this information shall be brought to the lime light only during the trial of the case and not during the hearing of the bail application.
During the hearing for bail you should insist that he is innocent of the offence.  The charges of misappropriating the said amount are false and baseless since he has already deposited the amount on day to  day basis as is required by the rules for this purpose and now this case has been foisted may be due to personal vendetta or to give a cover to somebody else's grave mistake.  
If you talk about this 90,000/-, then the court may say that what about the balance  for which you may not find any defence resulting into court confirming the offence, the bail application dismissed.  Do you want to take this risk?
T Kalaiselvan
Advocate, Vellore
14069 Answers
127 Consultations
5.0 on 5.0
Hi, If there is any valid documents to show that your brother has deposited all the amount then you have a good case and if there is no documents then it is very difficult to prove the same in the Court.

2. It is better you have to apply for anticipatory bail in the Court and contest the case on merits.
Pradeep Bharathipura
Advocate, Bangalore
4105 Answers
133 Consultations
4.3 on 5.0

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