• Retired bank manager in bribery case 70 yrs cancer patient

Hello all! 
Sorry for posting a query with such less information. It's for a friend and this is all he told me. 

So accused is retired deputy general manager of a nationalised bank. During his service, he approved a loan proposal which apparently went bad, and he's also accused of having taken bribe for that. 

The loan was processed by the branch manager who is also facing charges. The client who claimed to have given bribe is also facing charges. 

Now, it seems the CBI is the one pressing charges. Not the bank. I'm not sure if CBI is fighting in behalf of the bank. 

The case has been going on for almost 10 years, and now the accused is 70 yrs old diagnosed with Non Hodgkins lymphoma undergoing treatment and is running out of money to even pay his lawyer's fees!! 

If someone can shed any light on this 
- how serious is this case? 
- any concessions relaxations for a man his age and diagnosed with cancer? 
- what happens when they cannot afford a lawyer? 

Thanks in advance 
Asked 2 years ago in Criminal Law from Bangalore, Karnataka
Religion: Other
1) if  as deputy bank manager accused had taken bribe and allegations can be proved it would be serious case 

2) your friend can make application for exemption from personal appearance till further orders as he is suffering from cancer 

3) your friend can seek legal aid from district legal aid center if he cannot legal fees 
Ajay Sethi
Advocate, Mumbai
46692 Answers
2763 Consultations

5.0 on 5.0

1. Without knowing the charges and contents of FIR no one can say on the merit of the case.
2.Yes, if the accused person is proved guilty then the court while awardig sentence does consoder age and physical ill health.
3. The state will provide lawyer free of cost of the accused person has no means to hire a alwyer .
Devajyoti Barman
Advocate, Kolkata
13131 Answers
174 Consultations

5.0 on 5.0

Article 39A of the Constitution of India provides for free legal aid to the poor and weaker sections of the society and ensures justice for all. Article 14 and 22(1) of the constitution also make it obligatory for the State to ensure equality before law and a legal system which promotes justice on the basis of equal opportunity to all.
The Free Legal Services include:
•	Payment of court fee, process fees and all other charges payable or incurred in connection with any legal proceedings;
•	Providing Advocate in legal proceedings;
•	Obtaining and supply of certified copies of orders and other documents in legal proceedings;
•	Preparation of appeal, paper book including printing and translation of documents in legal proceedings.
Eligible persons for getting free legal services include:
•	Women and children;
•	Members of SC/ST;
•	Industrial workmen;
•	Victims of mass disaster; violence, flood, drought, earthquake, industrial disaster;
•	Disabled persons;
•	Persons in custody;
•	Persons whose annual income does not exceed Rs. 50,000/-
•	Victims of Trafficking in Human beings.

Your friend can seek legal aid from legal aid center.The case is serious. File an application for seeking exemption of personal appearance before the court.
Ajay N S
Advocate, Ernakulam
2818 Answers
47 Consultations

5.0 on 5.0

Hi, It is matter of fraud and when the cheating to the Bank or public sector undertaking worth of Rupees more then 25 lakhs then matter referred to CBI investigation. So age and his disease will not be considered at this juncture and he has to contest the case in the Court either through advocate or alone.
Pradeep Bharathipura
Advocate, Bangalore
4561 Answers
204 Consultations

4.5 on 5.0

 how serious is this case? 

It depend on the charges under the provisions of the said act and the evidences against the bank employee made by the witnesses. In fact at this prolonged stage the matter may get diluted and the punishments may not be very severe especially considering his health conditions.

- any concessions relaxations for a man his age and diagnosed with cancer? 

Actually in the eye of law all are equal.  However it depends on how the lawyer presents during final arguments

- what happens when they cannot afford a lawyer? 

He can seek free legal assistance from the legal services authority
T Kalaiselvan
Advocate, Vellore
36856 Answers
403 Consultations

5.0 on 5.0

1. It has to be a serious case as it is a prosecution under Prevention of Corruption Act. 
2. There are no concession to an accused on account of his old age.
3. If he cannot afford to engage a lawyer then he may avail a lawyer from District Legal Services Authority at state expense.
Ashish Davessar
Advocate, Jaipur
23120 Answers
639 Consultations

5.0 on 5.0

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